Rajasthan High Court
Gulab Singh S/O Shri Meharchand vs Ramavtar Gupta S/O Late Shri Mahaveer ... on 16 February, 2024
Author: Anil Kumar Upman
Bench: Anil Kumar Upman
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 449/2024
Gulab Singh S/o Shri Meharchand, R/o Ward No. 1, Dev Colony,
Rajgarh Road Pilani, Tehsil Surajgarh, District Jhunjhunu,
Rajasthan, Presently Fourth Grade Employee, Government
Secondary School, Swamisehi.
----Petitioner
Versus
1. Ramavtar Gupta S/o Late Shri Mahaveer Prasad Gupta,
R/o Ward No. 11, Behind Chandra Bhawan Kothi Pilani,
Tehsil Surajgarh, District Jhunjhunu (Rajasthan)
(Deceased Complainant)
1/1. Meera Gupta W/o Late Shri Ramavtar Gupta, R/o
498-A, Ground Floor, Omax City, Rohtak, Haryana.
1/2. Ritu Singhal W/o Shri Rajeev Singhal, D/o Late Shri
Ramavtar Gupta, R/o M/s Abhi Traders Kathmandi,
Rohtak, Haryana.
1/3. Shalini Sariya W/o Shri Shyam Sariya, D/o Late Shri
Ramavtar Gupta, R/o Plot No. 1, Sariya Industries Area
Dabwali Road, Sirsa, Haryana.
1/4. Isha Mittal W/o Shri Anand Mittal, D/o Late Shri
Ramavtar Gupta, R/o House No. 400/2, Ward No. 8,
Kathmandi Charakhi Dadri, Haryana.
1/5. Arvind Gupta S/o Late Shri Ramavtar Gupta, Himself
Through Power Of Attorney Holder 1/1 To 1/5, R/o 498-A,
Ground Floor, Omax City, Rohtak, Haryana.
----Respondents
For Petitioner(s) : Mr. Rishi Raj Singh
For Respondent(s) : Mr. Sanjeev Mahla, PP
HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order
16/02/2024
The petitioner has filed this misc. petition under Section 482
Cr.P.C. challenging the order dated 15.03.2021 passed by learned
(2 of 3) [CRLMP-449/2024]
Addl. Sessions Judge, Chidawa, Jhunjhunu in Criminal Appeal
No.18/2021 whereby the learned lower appellate court suspended
the execution of sentence awarded to him by learned Addl. Chief
Judicial Magistrate, Pilani vide judgment dated 23.02.2021 passed
in Criminal Case No.167/2018 (425/2014) till disposal of the
appeal subject to depositing 20% of the fine amount with the
learned trial court within sixty days as well as the order dated
28.06.2023 passed by the learned trial court whereby the bail
bonds of the petitioner have been forfeited and to serve the
sentence, warrant of arrest has been issued against him.
Learned counsel for the petitioner submits that the condition
of payment of 20% of the fine amount to the complainant within
sixty days, imposed vide order dated 15.03.2021 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 prays that the petitioner
could not arrange 20% of the fine amount and thus, he may be
granted some more time to make payment of the 20% of 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:
(3 of 3) [CRLMP-449/2024]
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
interfere in the condition imposed vide order dated 15.03.2021.
However, the prayer made by the petitioner's counsel for granting
some more time so as to deposit 20% of the fine amount is
accepted. The petitioner is granted time upto 01.03.2024 to
deposit 20% of the fine amount with the learned trial court. Till
01.03.2024, the warrant of arrest issued against the petitioner
shall be kept in abeyance. The petitioner shall surrender on or
before 01.03.2024 and furnish bail bonds before the trial court.
Upon furnishing bail bonds along with the receipt of 20% of the
fine amount, the trial court is directed to accept the same. It is
made clear that in case the petitioner fails to deposit 20% of the
fine amount with the trial court on or before 01.03.2024, this
order shall lose its currency.
The misc. petition is disposed of accordingly.
(ANIL KUMAR UPMAN),J
Sudhir Asopa- 44 (s)
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