Allowed

Ganpatram v. State of Rajasthan

Rajasthan HC6 Feb 2024CRLMP/703/2024

Case brief

AI extract

What is this about?

The High Court allowed the Criminal Misc. Petition filed under Section 482 Cr.P.C. to grant the petitioner, a poor labourer, ten further days to furnish the personal bond and surety under the Probation of Offenders Act. The impugned order rejecting the application was quashed.

What did the court decide?

Petitioner granted ten days further time to furnish personal bond of Rs. 5,000/- with surety; impugned order dated 04.01.2024 quashed.

Ganpatram Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2024)

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[2024:RJ-JD:6199]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 703/2024

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Ganpatram S/o Premaram, Aged About 33 Years, R/o Kadwa Ki Dhani, Police Station Parbatsar, Dist. Nagaur (Raj.) (Presently Lodged In Sub Jail, Merta)

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----Petitioner

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Versus

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State of Rajasthan, through PP

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----Respondent

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For Petitioner(s) : Mr. Jagatveer Singh Deora For Respondent(s) : Mr. Shrawan Bishnoi, PP

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HON'BLE MR. JUSTICE MADAN GOPAL VYAS Order

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06/02/2024

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The present criminal misc. petition under Section 482 of Cr.P.C. has been preferred by the petitioner against the order dated 04.01.2024 passed by the learned Sessions Judge, Merta in Criminal Appeal No. 32/2018, whereby the learned Sessions Judge rejected the application filed on behalf of the petitioner seeking extension of time for furnishing the personal bond and surety bond of Rs. 5,000/- with an undertaking to maintain good behaviour for a period of three years as ordered by judgment dated 28.04.2022 passed by learned Sessions Court.

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Learned counsel for the petitioner submits that since the petitioner is poor labourer and thus, is not aware about the legal aspects, therefore, he could not furnish the personal bond with surety of like amount. It is submitted that only on account of this reason, the petitioner could not reap the fruits of the judgment dated 28.04.2022, whereby the petitioner was granted benefit of probation.

[2024:RJ-JD:6199]

[CRLMP-703/2024]

(2 of 2)

Learned Public Prosecutor appearing on behalf of the State opposed the prayer made by learned counsel for the petitioner and submitted that the learned Court below has not committed any illegality while rejecting the application of the petitioner seeking extension of time.

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Having regard to the facts and circumstances of the case and in view of the fact that petitioner has been granted benefit of Section 4 of the Probation of Offenders Act and was directed to furnish personal bond of Rs. 5,000/- with surety of like amount with an undertaking to the effect that he will not repeat the offence and will remain virtuous for a period of three years and in view of the fact that the petitioner is a labourer, this Court deems it appropriate to grant him ten days further time to furnish a personal bond of Rs. 5,000/- with a surety of like amount with an undertaking to the effect that he will not repeat the offence and will remain virtuous for a period of three years.

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Accordingly, the present criminal misc. petition is allowed. The impugned order dated 04.01.2024 is quashed and set aside. The application seeking extension of time is allowed and the petitioner is granted ten days further time to comply with the order dated 28.04.2022. In case, the petitioner complies with the order dated 28.04.2022 within a period of ten days from today, he be released.

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A copy of this order to be sent to learned trial Court by E-mail or FAX.

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(MADAN GOPAL VYAS),J

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382-Dinesh/-

Ganpatram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Ganpatram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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