Partly allowed

Abdul Waheed Son of Abdul Hameed v. State of Rajasthan

Rajasthan HC13 May 2024CRLR/631/2024

Case brief

AI extract

What is this about?

The High Court of Rajasthan partly allowed a S.B. Criminal Revision Petition. It quashed an order dismissing the petitioner's request for an extension to deposit prosecution cost and furnish bonds/probation, granting a one-month extension despite the petitioner's illness.

What did the court decide?

Impugned order dismissing extension application is quashed; petitioner granted until 28.05.2024 to deposit cost and furnish bonds.

Abdul Waheed Son of Abdul Hameed Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2024)

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[2024:RJ-JP:22542]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Revision Petition No. 631/2024

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Abdul Waheed son of Abdul Hameed, Resident of Mikapada Pani Ki Tanki Ke Pass, Kota Police Station Kaithunipol District Kota (Raj) (At Present Accused Petitioner Is Confined In Central Jail Kota)

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----Petitioner

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Versus

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State of Rajasthan, through Public Prosecutor

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----Respondent

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For Petitioner(s) : Mr. Omprakash Kharra, Advocate for Mr. Ashish Joshi, Advocate For Respondent(s) : Mr. Bhawani Shankar Sharma, P.P.

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HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order

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13/05/2024 :

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S.B. Criminal Misc. Application No.436/2024

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Instant application under Section 5 of the Limitation Act has been filed on behalf of the petitioner seeking condonation of delay in filing the present revision petition.

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For the reasons & grounds mentioned therein, the application is allowed. The delay of 68-days in filing the present revision petition is condoned.

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The revision petition is taken on the Board for hearing.

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Instant revision petition has been filed on behalf of accused/ petitioner under Section 397 r/w Section 401 of the Code of Criminal Procedure, 1973 being aggrieved by judgment dt.02.11.2023 passed by Court of Additional Sessions Judge, No.5, Kota, in Criminal Appeal No.296/2019, whereby the appeal filed by petitioner was partly allowed, while upholding the judgment of conviction & quashing & setting aside the order of sentence dt.16.04.2019 passed by Court of Judicial Magistrate, Kota North, and given benefit of probation, while imposing

[2024:RJ-JP:22542]

[CRLR-631/2024]

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prosecution cost of Rs.1000/- in terms of Section 5 of Probation of Offender Act, subject to furnishing a personal bonds in sum of Rs.10,000/- with surety of Rs.10,000/- to the satisfaction of the trial Court within a period of seven-days from the date of judgment, for a period of one year. It is further ordered that in case, the petitioner has not submitted the surety & personal bonds & deposited the prosecution cost, in compliance of aforesaid order within a period of seven-days, the order of the ld. appellate Court shall come into effect.

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The petitioner has also challenged the order dt.11.03.2024 passed by the Court of Additional Sessions Judge, No.5, Kota whereby the application filed by the petitioner for extension of time to deposit the prosecution cost & submit the surety & personal bonds, was dismissed.

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In the present revision petition, a limited prayer has been made by the learned counsel appearing for the accused-petitioner that some reasonable time may be granted to deposit the prosecution cost & submit the surety & personal bonds, in compliance of order dt. 02.11.2023 passed by ld. Appellate Court, as the said Court vide its order dt.11.03.2024 had dismissed the application filed by petitioner for extension of time to deposit the prosecution cost & submit the surety & personal bonds.

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Learned Public Prosecutor for the State has opposed the submissions made herein-above.

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Heard. Perused the impugned orders of ld. Courts below & the material made available on record.

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In the present case, the petitioner was on bail during trial & appeal and due to his illness, he could not deposit the prosecution cost & submit the surety & personal bonds. Due to non-deposition of prosecution cost, the petitioner is in judicial custody.

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[2024:RJ-JP:22542]

[CRLR-631/2024]

Looking to facts & circumstances of the case & considering the submissions made at bar, this Court deems just & proper to grant one more opportunity to the petitioner to deposit the prosecution cost & submit the surety & personal bonds, in compliance of the order dt.02.11.2023 passed by the Court of Additional Sessions Judge, No.5, Kota.

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Consequently, the present petition is partly allowed. The impugned order dt.11.03.2024 passed by Court of Additional Sessions Judge, No.5, Kota is quashed & set aside. The petitioner is directed to deposit the prosecution cost & submit the surety & personal bonds, in compliance of order dt.02.11.2023 passed by the Court of Additional Sessions Judge, No.5, Kota, on or before 28.05.2024.

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Pending application, if any, also stands disposed of.

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(VINOD KUMAR BHARWANI),J

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ASHOK/

Abdul Waheed Son of Abdul Hameed v. State of Rajasthan

Case brief

What is this about?

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Abdul Waheed Son of Abdul Hameed v. State of Rajasthan

Case brief

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