Bhuvnesh Pareek Son Of Shri Yashoda ... vs State Of Rajasthan (2024:Rj-Jp:11384)
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Rajasthan High Court

Bhuvnesh Pareek Son Of Shri Yashoda ... vs State Of Rajasthan (2024:Rj-Jp:11384) on 5 March, 2024

Author: Anil Kumar Upman

Bench: Anil Kumar Upman

[2024:RJ-JP:11384]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

        S.B. Criminal Miscellaneous (Petition) No. 1248/2024

Bhuvnesh Pareek Son Of Shri Yashoda Nandan Pareek, Resident
Of 10, Laxmi Colony, Naya Kheda, Ambabari, Jaipur-302023
                                                                     ----Petitioner
                                     Versus
1.       State Of Rajasthan, Through Public Prosecutor

2. Smt. Munni Sharma Son Of Shri Kanahiya Lal, Resident Of 3579, Govind Rao Ji Ka Rasta, Chandpol Bazar, Jaipur, Rajasthan.

                                                                  ----Respondents


For Petitioner(s)          :     Ms. Poonam Chand Bhandari
For Respondent(s)          :     Mr. M.K. Sheoran, PP



           HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

                                      Order

05/03/2024

The petitioner has filed this misc. petition under Section 482

Cr.P.C. challenging the order dated 31.01.2024 passed by learned

Addl. Sessions Judge No.5, Jaipur City, Jaipur in Criminal Appeal

No.42/2023 whereby the learned appellate court has refused to

extend time for depositing the interim compensation in terms of

the order dated 18.08.2023 and directed the trial court for

execution of sentence, as per law.

Learned counsel for the petitioner submits that the petitioner

is a very poor person and due to financial constraints as well as

family circumstances, he could not deposit demand draft of

Rs.1,30,000/- (20% of compensation amount) before the trial

court. The brother of the petitioner is facing serious health issues

as his both kidneys are not functioning properly and he is on

[2024:RJ-JP:11384] (2 of 2) [CRLMP-1248/2024]

dialysis. However, vide order impugned dated 31.01.2024, the

learned appellate court dismissed the application of the petitioner

for granting some more time to deposit the demand draft with the

trial court. Learned counsel thus, prays that in the interest of

justice, the petitioner may be granted some more time to deposit

the demand draft in the trial court.

After having heard learned counsel for the petitioner and

perused the material available on record and looking to the facts

and circumstances of the present case, on humanitarian

consideration, I deem it just and proper to accept the prayer made

by the petitioner's counsel for granting some more time so as to

deposit 20% of the fine amount in the trial court. The petitioner is

granted time upto 15.03.024 to deposit 20% of the fine amount

with the learned trial court. Till 15.03.2024, the petitioner shall

not be arrested in connection with execution of sentence awarded

by the learned trial court vide judgment dated 14.07.2023. The

petitioner shall deposit demand draft of Rs. 1,30,000/- (20% of

the fine amount) in the trial court on or before 15.03.2024, if the

aforesaid amount is deposited by the petitioner on or before

15.03.2024, he will remain on bail on the same bail bonds

furnished by the petitioner earlier. It is made clear that in case the

petitioner fails to deposit the said amount with the trial court on or

before 15.03.2024, this order shall lose its currency.

The misc. petition is disposed of accordingly.

(ANIL KUMAR UPMAN),J

DEEPA RANI-19

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