Citation : 2025 Latest Caselaw 12585 Raj
Judgement Date : 1 September, 2025
[2025:RJ-JD:38928]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 7321/2025
Aashish Garg S/o Shri Jagdish, Aged About 42 Years, R/o 61 P
Block District Sri Ganganagar
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Patram Verma S/o Shri Deshrar Verma, R/o Chak 2 E
Choti Tehsil And District Sri Ganganagar
----Respondents
For Petitioner(s) : Mr. Sanjay Bishnoi.
For Respondent(s) : Mr.Narendra Singh, PP.
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
01/09/2025
1. By way of filing the present criminal misc. petition, a challenge has been made to the order dated 26.06.2025 passed by the learned Sessions Judge, Sriganganagar in Criminal Regular Appeal No.93/2025.
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
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
[2025:RJ-JD:38928] (2 of 2) [CRLMP-7321/2025]
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 26.06.2025 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 26.06.2025
passed by the learned Sessions Judge, Sriganganagar in Criminal
Regular Appeal No.93/2025. 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 332-/Jitender//-
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