Petitioner sought extension of time under Section 528 BNSS to deposit 30% additional compensation and furnish bond per an earlier suspension-of-sentence order. Citing bona fide financial hardship and pending loan sanction, the Court extended the deadline to 15 December 2024, failing which interim protection would stand vacated.
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Sanjay versus Raghunath
Criminal Revision No.189 of 2024
06.11.2024. Present : Ms. Pooja Thakur, Advocate, for the petitioner.
None for the respondent.
Cr.MP No.4466 of 2024
Petitioner-applicant [Sanjay] has filed the
instant application under Section 528 of BNSS seeking extension of time to comply with the order dated 04.04.2024, passed by this Court, whereby the suspension of sentence was to operate, subject to additional deposit of 30% of the compensation amount in addition to the amount already deposited and furnishing the personal bond with one surety to the satisfaction of the Trial Court within three weeks.
2. The period of three weeks granted by this Court on 04.04.2024 expired on 25th April, 2024.
3. Now, the instant application has been filed, seeking extension of time to comply with the order dated 04.04.2024, on the ground that the petitioneraccused could not manage the amount as directed by this Court. It is further averred that the petitioner is under great financial crises and he has applied for loan for which the codal formalities have been
completed and the loan is likely to be sanctioned any time hereinafter.
4. On query by this Court, learned counsel for petitioner-accused submits that process for sanctioning of loan is underway and in view of these exigencies, the petitioner-accused may be granted further time to comply with the order(s) dated 04.04.2024.
5. Upon listing of this application, none has put in appearance for respondent-complainant/ nonapplicant [Raghunath] today.
6. Taking into account the entirety of the facts and circumstances coupled with the fact that the reasons spelt out in the application appear to be bona fide , therefore, the present application is allowed, by directing the petitioner-accused to comply with the earlier order(s) dated 04.04.2024 on or before 15th December, 2024, positively, failing which the interim protection shall automatically stand vacated.
In aforesaid terms, the present application stands disposed of.
(Shivender)
(Ranjan Sharma) Judge
November 06, 2024
1 issue framed by the court
Should the petitioner-accused be granted an extension of time beyond 25 April 2024 to comply with the 04.04.2024 conditions for suspension of sentence?
1 provisions across 1 enactments
Sanjay
Raghunath
Shivender
Ranjan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
