Rajasthan High Court - Jodhpur
Kehri Singh vs State on 10 November, 2021
Author: Rameshwar Vyas
Bench: Rameshwar Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 800/2020
Kehri Singh S/o Shri Bahadur Singh, Aged About 35 Years, By
Caste Jat, R/o 62, Mahaveer Nagar, Kudi Bhagtasani Housing
Board, Jodhpur.
----Petitioner
Versus
State of Rajasthan, Through P.P.
----Respondent
For Petitioner(s) : Mr. Santosh Choudhary
For Respondent(s) : Mr. Laxman Solanki, P.P
HON'BLE MR. JUSTICE RAMESHWAR VYAS
Order 10/11/2021 The petitioner has preferred this criminal revision petition under Section 397 r/w Section 401 Cr.PC being aggrieved with the order dated 31.01.2020 passed by learned District & Sessions Judge, Jodhpur Rural, District Jodhpur dismissing the petitioner's appeal filed against the order dated 11.10.2019 passed by learned Chief Judicial Magistrate, District Jodhpur, whereby proceedings under Section 446 Cr.P.C were initiated against the petitioner and a penalty of Rs. 10,000/- was imposed upon him.
Brief facts of the present case are that petitioner furnished bail bond for accused Asuram in Criminal Case No. 160/14 pending in the Court of Chief Judicial Magistrate, Jodhpur, District Jodhpur. During trial Asuram remain absent and hence his bail bonds were forfeited and proceedings under Section 446 Cr.P.C were initiated against the petitioner and a penatly of Rs.10,000/- was imposed upon him. The appeal filed by the petitioner under (Downloaded on 10/11/2021 at 08:34:48 PM) (2 of 2) [CRLR-800/2020] Section 446 Cr.P.C against the order of the trial court was also dismissed by the impugned order dated 31.01.2020 passed by learned Sessions Judge, Jodhpur, District Jodhpur in Criminal Appeal No. 68/2019. Being aggrieved with the impugned order this revision petition has been filed.
Learned counsel for the petitioner submits that the petitioner tried his best efforts to trace out accused Asuram for which he incurred huge amount. Petitioner belongs to a low income group earning Rs. 9000/- per month. He is unable to deposit Rs. 10,000/- In the above circumstances he urges to allow this petition and set aside the impugned order.
Learned Public Prosecutor opposes the petition. Heard learned counsel for the petitioner and learned Public Prosecutor.
After perusing the impugned order this Court is of the opinion that there is no illegality committed by learned Sessions Judge in passing the impugned order. However, looking to the peculiar facts and circumstances, the penalty imposed upon the petitioner may be reduced from Rs.10,000/- to Rs.5000/-.
Petitioner is directed to deposit a sum of Rs. 5000/- till 04.12.2021 from today, failing which, the order passed by the learned trial court shall be enforced as per law.
The Criminal Revision petition is disposed of, accordingly.
(RAMESHWAR VYAS),J 48-rahul arya/-
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