Pawan Kumar vs State Of Rajasthan (2025:Rj-Jd:40799)
2025 Latest Caselaw 13111 Raj

Rajasthan High Court - Jodhpur

Pawan Kumar vs State Of Rajasthan (2025:Rj-Jd:40799) on 12 September, 2025

[2025:RJ-JD:40799]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 7284/2025

Pawan Kumar S/o Parsaram Kansara, Aged About 31 Years,
Meghwalo Ka Baas Ghodo Ka Chowk Jodhpur
                                                                      ----Petitioner
                                      Versus
1.       State Of Rajasthan, Through Pp
2.       Babulal S/o Bhiyaram Mali, Balaji Nagar Sangariya Tehsil
         Jodhpur District Jodhpur
                                                                   ----Respondents


For Petitioner(s)           :     Mr. Pawan Kumar
                                  ( Petitioner Present in Person)
For Respondent(s)           :     Mr. HS Jodha, PP.



          HON'BLE MR. JUSTICE MUKESH RAJPUROHIT

Order

12/09/2025

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

challenge has been made to the order dated 05.07.2025 passed

by the learned District and Sessions Judge No.6, Jodhpur

Metropolitan in Criminal Appeal No.315/2025, 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, petitioner,

present in person, submitted that he is currently facing financial

hardship and does not have any source of income to sustain

himself. Petitioner thus prayed that since he is facing financial

crunch and is unable to satisfy the said condition to deposit the

(Uploaded on 12/09/2025 at 08:11:32 PM)

[2025:RJ-JD:40799] (2 of 2) [CRLMP-7284/2025]

20% of the fine amount, the said condition being discretionary, be

removed. In support of his argument, petitioner, present in

person, 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. Petitioner further submitted that keeping in view the law

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

modification in the order dated 05.07.2025 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 05.07.2025

passed by the learned District and Sessions Judge No.6, Jodhpur

Metropolitan in Criminal Appeal No.315/2025. 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 17-/Jitender//-

(Uploaded on 12/09/2025 at 08:11:32 PM)

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