Vijiya Jain vs State Of Rajasthan (2025:Rj-Jd:38016)
2025 Latest Caselaw 10827 Raj

Rajasthan High Court - Jodhpur

Vijiya Jain vs State Of Rajasthan (2025:Rj-Jd:38016) on 26 August, 2025

[2025:RJ-JD:38016]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 6842/2025

Vijiya Jain W/o Mukesh Jain, Aged About 44 Years, The Then
Proprietor, Shri Gulabchand Mishrilal And Sons, R/o Mahamandir,
Out Side Of Third Pole Jodhpur (Rajasthan)
                                                                    ----Petitioner
                                    Versus
1.       State Of Rajasthan, Through Public Prosecutor.
2.       Ayub Khan S/o Shri Ahmed Khan, R/o Marudhar Nagar, B-
         14, Pal Link Road, Jodhpur (Rajasthan)
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Kuldeep Purohit a/w Mr. Aman
                                Gaur.
For Respondent(s)         :     Mr. HS Jodha, PP.



          HON'BLE MR. JUSTICE MUKESH RAJPUROHIT

Order

26/08/2025

1. By way of filing the present criminal misc. petition, a

challenge has been made to the order dated 02.07.2025 passed

by the learned Additional District and Sessions Judge No.1,

Jodhpur Metro in Criminal Appeal No.307/2025, whereby the

application under Section 430 of BNSS (under Section 389 Cr.P.C.)

filed by the petitioner was allowed with the condition to deposit

20% of fine amount within a period of 60 days.

2. Drawing attention of the Court towards the impugned order

and various documents attached with the case file, 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

[2025:RJ-JD:38016] (2 of 2) [CRLMP-6842/2025]

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]).

3. Learned counsel for the petitioner submitted that keeping in

view the law enshrined by the Hon'ble Supreme Court of India, a

suitable modification in the order dated 02.07.2025 may be made.

4. In view of aforesaid, the legal provisions of law ensued in

this regard by Hon'ble Supreme Court, this Court deems it just

and appropriate to dispose of the present criminal misc. petition

by making slight modification in the order dated 02.07.2025

passed by the learned Additional District and Sessions Judge No.1,

Jodhpur Metro in Criminal Appeal No.307/2025. It is ordered that

now, the petitioner would deposit 10% of the cheque amount

instead of 20% of the fine amount as awarded by the trial Court.

5. All pending applications, if any, shall stand disposed of.

(MUKESH RAJPUROHIT),J 348-/Jitender//-

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