Rajasthan High Court - Jaipur
Roop Chand Parwani S/O Sh. Serumal B/C ... vs State Of Rajasthan on 27 September, 2018
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 6047/2018
Roop Chand Parwani S/o Sh. Serumal B/c Sindhi
----Petitioner
Versus
State Of Rajasthan
----Respondent
For Petitioner(s) : Mr. Neeraj K. Tiwari For Respondent(s) : Mr. Prakash Thakuriya, PP HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Order 27/09/2018 Present petition has been filed under Section 482 Cr.P.C. praying that the period of 14 days stipulated by the lower appellate court to deposit the amount of fine be extended.
Counsel for the petitioner has contended that petitioner was tried by the court of Special Additional Chief Judicial Magistrate(PCPNDT Act Cases) Ajmer and the said court vide judgment dated 24.01.2017 convicted and sentenced the petitioner for offences under Sections 420, 467, 468 and 471 IPC.
Counsel for the petitioner has contended that aggrieved against the same, petitioner filed an appeal.
Counsel for the petitioner has contended that appellate court reduced the period of sentence to the period already undergone by the petitioner subject to condition that within 14 days i.e. on or before 24.08.2018 petitioner shall deposit the amount of Rs.20,000/- enhanced as fine.
Counsel for the petitioner has contended that petitioner due to poverty and circumstances beyond control could not (2 of 2) [CRLMP-6047/2018] deposit the amount of Rs.20,000/- and hence, coercive action is being taken against the petitioner and there is threat that he shall be taken into custody forthwith.
I have heard counsel for the parties.
Considering that period of 14 days awarded by the trial court was too short a period for the petitioner to deposit the amount of fine, the present petition is accepted and the petitioner is granted 15 days commencing from today to deposit the amount of fine in the trial court in consonance with the order dated 12.08.2018 passed by learned Additional Session Judge, Ajmer in Criminal Appeal No.54/2017 titled as Roop Chand Parwani vs State of Rajasthan.
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