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1995 DIGILAW 118 (RAJ)

Devi Singh v. State of Rajasthan

1995-02-02

RAJENDRA SAXENA

body1995
JUDGMENT 1. - Heard. 2. The learned Special Judge-cum-Addl.Sessions Judge, Pratapgarh by his judgment dated 20.8.93 passed in Criminal Appeal No. 1/92 (15/89), Naseer Mohd. & Ors. v. State , partly allowed the appeal and while maintaining petitioner's conviction for the offences under sections. 147, 323 and 325 read with 149 Indian Penal Code recorded by the learned trial Magistrate, instead of sentencing him, ordered for his release on probation on his executing a personal bond in the sum of Rs. five thousand with one surety in the like amount to the effect that for a period of two years, he shall keep peace and be of good behaviour and shall present himself to undergo the sentence as and when ordered by the court and shall also deposit Rs. two hundred as compensation to be paid to injured Champalal son of Varda Salvi. It was further ordered that in case, the petitioner failed to execute the bonds and deposit the compensation amount within thirty days, then the said appeal be deemed to have been dismissed. It appears that the petitioner did not execute his bonds and pay the compensation amount within the stipulated period. He, however, on 26.8.94 submitted an application alongwith his affidavit that he was ill from 15.8.93 to 6.8.94 and that he did not deliberately disobey the court's order and prayed that eight days time be granted to him to comply-with the terms of that judgment. The learned Addl. Sessions Judge, Pratapgarh vide his impugned, order dated 28.9.94 has dismissed the said application on the ground that the petitioner has not given any explanation for the period from 20.8.93 to 15.9.93 as to why he did not execute his bonds and pay the compensation amount. 3. The petitioner has submitted the certified copies of the medical certificate issued by various doctors from t.me to time. Keeping in view all the facts & circumstances of the case, in my considered opinion, the ends of justice shall be met out if the petitioner is allowed time till 15.2.95 to execute his personal bond and furnish surety bond and to deposit the compensation amount before the court of learned Civil Judge (Jr. Div.)-cum-Judl. Magistrate, Badi Sadri. 4. Accordingly, this petition is allowed and it is ordered that if petitioner Devi Singh executes his personal bond for an amount of Rs. Div.)-cum-Judl. Magistrate, Badi Sadri. 4. Accordingly, this petition is allowed and it is ordered that if petitioner Devi Singh executes his personal bond for an amount of Rs. five thousand and furnishes a surety bond in the like amount and deposits Rs. two hundred as compensation in terms of the judgment dated 20.8.93, passed by the learned Addl. Sessions Judge, Pratapgarh in Criminal Appeal No. 1/92 (15/89), Naseer Mohd. and Ors. v. State , then he should be released on probation failing which the learned trial Magistrate shall issue non-bailable warrant against the petitioner to ensure his attendance to serve-out the sentence.Petition allowed. *******