Jahagir Khan vs State Of Rajasthan (2024:Rj-Jd:9958)
2024 Latest Caselaw 1895 Raj

Rajasthan High Court - Jodhpur

Jahagir Khan vs State Of Rajasthan (2024:Rj-Jd:9958) on 26 February, 2024

Author: Farjand Ali

Bench: Farjand Ali

[2024:RJ-JD:9958]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                    S.B. Criminal Misc(Pet.) No. 402/2024

Jahagir Khan S/o Jagdish Khan, Aged About 43 Years, R/o 5
Ksda, Tehsil Raisinghnagar, District Sri Ganganagar (Rajasthan)
                                                                       ----Petitioner
                                       Versus
1.       State Of Rajasthan, Through Pp
2.       Madan Lal S/o Bhuraram, R/o Ballewala (38Np), Tehsil
         Raisinghnagar, District Sri Ganganagar (Raj).
                                                                    ----Respondents


For Petitioner(s)            :     Mr. Rakesh Godara
For Respondent(s)            :     Mr. Shrawan Bishnoi, PP



                HON'BLE MR. JUSTICE FARJAND ALI

Order

26/02/2024

1. The instant criminal miscellaneous petition under Section

482 of the CrPC has been preferred by the petitioner being

aggrieved of the order dated 08.11.2023 passed by the learned

Additional Sessions Judge No.2, Raisinghnagar, District Sri

Ganganagar in Criminal Appeal No.13/2023, whereby the learned

appellate court while suspending the sentence awarded to the

petitioner by the learned Additional Chief Judicial Magistrate,

Raisinghnagar, Sri Ganganagar vide judgment dated 13.10.2023

passed in Criminal Case No.381/2016 convicting him for the

offence under Section 138 of the IPC, imposed the condition of

depositing 20% of the fine amount with trial court within a period

of one month from the order.

[2024:RJ-JD:9958] (2 of 2) [CRLMP-402/2024]

2. I have heard learned counsel for the petitioner and the

learned Public Prosecutor and perused the material placed on

record.

3. Learned counsel for the petitioner is not pressing the prayer

against imposition of condition of depositing 20% of the fine

amount, however, he submits that due to financial constraints, he

has not been able to deposit the requisite amount. Now he is

ready and willing the deposit the amount and prays that some

reasonable time may be allowed for doing the needful.

3. Having heard and considered the submissions made and in the

interest of justice, the petitioner is allowed the period upto

31.03.2024 for depositing the amount as ordered by the learned

appellate court. If the petitioner deposits the amount within the

stipulated period, the order suspending sentence shall be

maintained. If any warrant of arrest has been issued against the

petitioner in connection with the present case, the same shall be

cancelled and he shall not be arrested to serve the sentence till

31.03.2024. If the petitioner fails to do the needful on or before

31.03.2024, the learned court below shall proceed in accordance

with law.

4. The criminal miscellaneous petition is partly allowed in these

terms. The stay petition is disposed of.

(FARJAND ALI),J 245-Pramod/-

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