Sanwar Mal vs State Of Rajasthan (2025:Rj-Jd:38794)
2025 Latest Caselaw 12586 Raj

Rajasthan High Court - Jodhpur

Sanwar Mal vs State Of Rajasthan (2025:Rj-Jd:38794) on 1 September, 2025

[2025:RJ-JD:38794]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 3371/2025

Sanwar Mal S/o Banwari Lal, Aged About 55 Years, R/o Ward No
8 Ramgarh Shekhawati District Sikar Rajasthan
                                                                    ----Petitioner
                                    Versus
1.       State Of Rajasthan, Through Pp
2.       Kanak Mal S/o Chand Jaisangariya, R/o Ward No 3 Old
         Sardarshahar District Churu
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Awar Dan Ujjwal.
For Respondent(s)         :     Mr. Narendra Singh Chandawat, 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 13.01.2020 passed by the learned District and Sessions Judge, Churu in Criminal Appeal No.01/2020.

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:38794] (2 of 2) [CRLMP-3371/2025]

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 13.01.2020 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 13.01.2020

passed by the learned District and Sessions Judge, Churu in

Criminal Appeal No.01/2020. 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 17-/Jitender//-

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