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1997 DIGILAW 611 (RAJ)

Ram Prasad v. State of Rajasthan

1997-05-09

M.A.A.KHAN

body1997
JUDGMENT 1. - Notice was given to the learned Public Prosecutor. Heard the learned counsel for the parties. 2. Ram Prasad, petitioner, who stands locked in Distt. Jail, Jhalawar, was convicted of the offence under section 379 IPC and sentenced to six months S.I. by the learned Munsiff and Judicial Magistrate, Ist Class, Khanpur, vide order dated 31/3/1992 passed in Criminal Case No. 355/87 (43/83). On appeal preferred by the petitioner the order of conviction was upheld but the order of sentence was modified, vide order dated 23/2/1996 to the effect that if the petitioner executes personal bond in the amount of 5,000/- with a surety in the like amount to keep peace and being of good behaviour for a period of one year and further pays an amount of Rs. 1,500 /- as compensation to Kanwar Lal, complainant, his sentence shall remain suspended and he would be released on bail. The petitioner could not comply with the order passed by the appellate Court dated 23/2/1996. Warrant of arrest were, there fore, issued against him and after arrest he was locked in jail. 3. The contention of the learned counsel for the petitioner is that due to his illness, the petitioner could not comply with the orders of the appellate Court. The learned counsel further submitted that the petitioner is ready to pay the amount of Rs. 1,500/-by way of compensation and also to furnish his personal bond with surety. 4. Looking to the fact that at the time of his arrest the petitioner was reported to be suffering from some disease and still suffers from such disease, it is directed that the petitioner shall be released on his furnishing the required personal bond with surety bond and also pay the amount of Rs. 1,500/- as per orders of the appellate Court dated 23/2/1996. The amount of compensation may be deposited in the trial Court. After the amount is deposited and the required personal bond and surety bond are furnished by him, the trial Court shall issue the release orders of the petitioner Ram Prasad S/o Sh. Kana, R/o Naharsingi, P/s. Jhalawar.The petition is stands disposed of accordingly.Petition allowed. *******