Bhagwan Das Gurbani vs State Of Rajasthan (2025:Rj-Jd:42293)
2025 Latest Caselaw 13540 Raj

Rajasthan High Court - Jodhpur

Bhagwan Das Gurbani vs State Of Rajasthan (2025:Rj-Jd:42293) on 20 September, 2025

[2025:RJ-JD:42293]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 7957/2025

Bhagwan Das Gurbani S/o Sevak Ram Gurbani, Aged About 48
Years, C/o S Selectricals Near Hanuman Mandir Sham Ki Subji
Mandi,gurjar         Mohalla,bhupalganj,           Bhilwara,raj       Address    C/o
Messers Srg Industries G -410 Rico Growth Center, Swaroopganj,
Bhilwara Raj
                                                                       ----Petitioner
                                       Versus
1.         State Of Rajasthan, Through Pp
2.         Sh. Ghisalal Kalwar S/o Sh. Ladulal Kalwar, Aged About
           61 Years, R/0 H-88 Rk Colony,p.s Shubhas Nagar,
           Bhilwara, Raj
                                                                    ----Respondents


For Petitioner(s)             :    Mr. DS Rathore.
For Respondent(s)             :    Mr. SR Choudhary, PP.



           HON'BLE MR. JUSTICE MUKESH RAJPUROHIT

Order

20/09/2025

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

challenge has been made to the order dated 06.08.2025 passed

by the learned ADJ (WAC), Bhilwara, in Criminal Appeal

No.1689/2025.

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 facing

financial crunch, therefore, he 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

(Uploaded on 20/09/2025 at 05:45:47 PM)

[2025:RJ-JD:42293] (2 of 2) [CRLMP-7957/2025]

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 06.08.2025 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 06.08.2025

passed by the learned ADJ (WAC), Bhilwara, in Criminal Appeal

No.1689/2025. 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 within a period of one month from the

date of this order.

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

(MUKESH RAJPUROHIT),J 111-Jitender/-

(Uploaded on 20/09/2025 at 05:45:47 PM)

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