Rajasthan High Court
Jai Prakash Saini S/O Shri ... vs Rajashan Government ... on 11 October, 2023
Bench: Anil Kumar Upman
[2023:RJ-JP:28906]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 6169/2023
Jai Prakash Saini S/o Shri Radhayshyam Saini, R/o Ward No. 04,
Bagar Town P.s. Bagar, Tehsil And District Jhunjhunu(Raj.).
----Petitioner
Versus
1. Rajashan Government, Through Principal Secretary,
Department Of Home, Government Of Rajasthan,
Secretariat, Jaipur.
2. Anupam Sharma S/o Shri Sudhakar Sharma, R/o Ward
No.42, Vidyashram Mittal Colony, Jhunjhunu, Tehsil And
District Jhunjhunu(Raj.)
----Respondents
For Petitioner(s) : Mr. Arun Singh Shekhawat
HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order
11/10/2023
The petitioner has filed this misc. petition under Section 482
Cr.P.C. challenging the order dated 12.09.2023 passed by learned
Sessions Judge, Jhunjhunu in Criminal Appeal No.81/2023
whereby the learned appellate court while admitting the appeal,
suspended the execution of sentence awarded to him by learned
Chief Judicial Magistrate, Jhunjhunu vide judgment dated
17.08.2023 passed in Criminal Case No.38/2015 (49/2015) till
disposal of the appeal subject to depositing 25% of the fine
amount within thirty days.
Learned counsel for the petitioner submits that the condition
of depositing 25% of the fine amount within thirty days, imposed
vide order dated 12.09.2023 in lieu of his suspending execution of
sentence is contrary to law as well as material available on record
and has been passed without application of mind. He alternatively
[2023:RJ-JP:28906] (2 of 2) [CRLMP-6169/2023]
prays that the petitioner could not arrange 25% of the fine
amount and thus, he may be granted some more time to deposit
the fine amount.
Section 148 of the N.I Act provides power of the appellate
court to order payment pending appeal which reads as under:-
"Power of Appellate Court to order payment pending appeal
against conviction.--(1) Notwithstanding anything contained in the
Code of Criminal Procedure, 1973 (2 of 1974), in an appeal by the
drawer against conviction under section 138, the Appellate Court
may order the appellant to deposit such sum which shall be a
minimum of twenty per cent of the fine or compensation awarded
by the trial Court:
Provided that the amount payable under this sub-section shall be
in addition to any interim compensation paid by the appellant
under section 143A.
(2) The amount referred to in sub-section (1) shall be deposited
within sixty days from the date of the order, or within such further
period not exceeding thirty days as may be directed by the Court
on sufficient cause being shown by the appellant."
After having heard learned counsel for the petitioner and
perused the material available on record, I am not inclined to
inclined to interfere in the condition imposed vide order dated
12.09.2013. However, the prayer made by the petitioner's counsel
for granting some more time so as to deposit 25% of the fine
amount is accepted and a further window of 60 days from today is
granted to the petitioner to deposit 25% of the fine amount.
The misc. petition is disposed of accordingly.
(ANIL KUMAR UPMAN),J
Sudhir Asopa/16
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