JUDGMENT 1. - Heard learned council for parties. 2. In Cr. Case No. 304/85, Judicial Magistrate, Ramganj Mandi convicted the petitioner for offence u/s 324 IPC and sentence him to undergo six months S.I. with a fine of Rs. 300/- (in default 2 month's SI) under judgment dated 26-9-86, against which the petitioner preferred an appeal which came to be partly allowed vide judgment dated 19-6-90 by Addl. Sess. Judge No. 2, Kota, and while maintaining the conviction u/s 324 IPC, instead of upholding the sentence, the petitioner was ordered to be released on probation on his furnishing personal bond and surety each in a sum of Rs. 2,000/- for maintaining good behaviour and peace for one year. One month's time was allowed to furnish the aforesaid bonds latest try 19-7-90. 3. Admittedly, the required bonds have not been furnished within the stipulated time. The petitioner filed an application on 23-7-90 stating therein that on 18-7-90 the petitioner fell ill and was under medical treatment given by Dr. R.K. Bafna who advised him bed rest upto 22-7-90. The petitioner appeared before the appellate court for furnishing the bonds on 13.7.90 but the Court refused to accept the same. On 24.7.90 the petitioner moved application alongwith his affidavit and medical certificate, seeking extension of time for producing the same. The subordinate court rejected the application by impugned order dated 25.7.90. Hence this petition. 4. Learned counsel for the petitioner submitted that sufficient cause was shown by the petitioner for the delay in submitting the required bonds within stipulated time and in support of his reasons, the petitioner produced the certificate issued by the doctor for his illness upto 22.7.90. According to the learned counsel for the petitioner, the subordinate court committed illegality in not accepting the application for extension of time merely assigning the reason that the petitioner I failed to explain as to why the required bonds were not furnished on 23.7.90 when he was advised to bed rest upto 22.7.90. 5. Having considered the points urged and taken note of the facts and circumstances or the case, I am unable to agree with the reasons assigned by the subordinate court. In my opinion, the version of the petitioner, about his inability and illness is fortified by the medical certificate.
5. Having considered the points urged and taken note of the facts and circumstances or the case, I am unable to agree with the reasons assigned by the subordinate court. In my opinion, the version of the petitioner, about his inability and illness is fortified by the medical certificate. That after, immediately after recovery from illness, the petitioner appeared before the court and was ready to furnish the required bonds on 23.7.90 and 24.7.90. Therefore, there was sufficient and justifiable reasons for extension of time in the interest of justice. Looking to these facts and circumstances of the case, I allow this petition and set aside the impugned order dated 25.7.90 and extend the time for furnishing required bonds as ordered by the Addl. Sessions Judge No. 2, Kota in his Judgment dated 19-6-90 in Cr. App. No. 1/90, upto next fifteen days from today, failing which the appellate Court is directed to issue arrest warrant of the petitioner to serve out the sentence awarded under conviction of Sec. 324 IPC.Petition Allowed. *******