Rajasthan High Court - Jodhpur
Hemraj vs Sunil Kumar Lad (2025:Rj-Jd:18685) on 16 April, 2025
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2025:RJ-JD:18685]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 2592/2025
Hemraj S/o Sh. Badri Lal Jat, Aged About 35 Years, R/o Budh,
Police Station and Tehsil Gangrar, Dist. Chittorgarh.
----Petitioner
Versus
1. Sunil Kumar Lad S/o Sh. Radheyshyam, R/o Budh, Police
Station and Tehsil Gangrar, Dist. Chittorgarh.
2. State of Rajasthan, through PP.
----Respondents
For Petitioner(s) : Mr. Dharmendra Singh Gaur
For Respondent(s) : Mr. Narendra Gehlot, PP
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
16/04/2025
1. By way of filing the present criminal misc. petition, a
challenge has been made to the order dated 12.08.2024 passed
by the learned Sessions Judge, Chittorgarh in Criminal Appeal
No.117/2024 (CIS No.118/2024), whereby the application under
Section 389 of Cr.P.C. filed by the petitioner was allowed with the
condition to deposit 20% of the fine amount.
2. Briefly stated, the facts of the present case are that after
getting convicted for the offence punishable under Section 138 of
the Negotiable Instrument Act, the petitioner moved an appeal
along with an application under Section 389 of Cr.P.C., before the
learned Appellate Court. The appeal was admitted and while
allowing the application under Section 389 of Cr.P.C. vide order
dated 12.08.2024, the learned Appellate Court imposed a
[2025:RJ-JD:18685] (2 of 3) [CRLMP-2592/2025]
condition of depositing 20% of the fine amount awarded by the
trial Court.
3. Learned counsel for the petitioner submitted that the
petitioner is currently unemployed and does not have any source
of income to sustain himself. Learned counsel thus prayed that
since the petitioner is facing financial crunch and is unable to
satisfy the said condition to deposit the 20% of the fine amount,
the said condition being discretionary, be removed. In support of
his argument, learned counsel has placed reliance upon the
judgment rendered by the Hon'ble Supreme Court of India in the
case of "Jamboo Bhandari v. M.P. State Industrial
Development Corporation Limited & Ors.": (Criminal Appeal
No(s). 2741 of 2023 [SLP (CRL) No(s). 4927 of 2023]).
4. Heard learned counsel for the parties at Bar. Perused the
material as made available to this Court.
5. It is settled law that the imposition of condition for
deposition of 20% of the fine amount is discretionary and thus
keeping in view the arguments of learned counsel for the
petitioner that the petitioner is facing financial hardship and is not
in position to deposit 20% of the fine amount awarded by the trial
Court, this Court deems it appropriate to modify the
aforementioned condition vide order dated 12.08.2024.
6. Accordingly, the instant criminal misc. petition is partly
allowed. The condition of deposition of 20% of the fine amount
vide order dated 12.08.2024 is modified. Now, the petitioner
would deposit 10% of the fine amount instead of 20% of the fine
amount as imposed by the learned trail Court. The petitioner upon
fulfilling the condition of deposition of 10% of the fine amount
[2025:RJ-JD:18685] (3 of 3) [CRLMP-2592/2025]
shall be entitled to be released on bail. It is however made clear
that the other conditions of the order dated 12.08.2024 shall
remain unaltered.
7. The stay petition also stands disposed of accordingly.
(KULDEEP MATHUR),J
33-Dinesh/-
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