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2011 DIGILAW 2041 (RAJ)

Jagdish @ Jagia v. State of Rajasthan

2011-09-21

SANDEEP MEHTA

body2011
JUDGMENT 1. - Heard learned counsel for the parties. 2. The present bail application has been filed before this Court under strange circumstances. The petitioner has been arrested in connection with F.I.R. No. 205/2000, registered at Police Station Keshrisinghpur, Distt. Sri Ganganagar for the offences under Sections 326, 452 and 324 I.P.C. 3. The petitioner was convicted by the learned Addl. Chief judicial Magistrate, Sri Karanpur for the offence under Sections 326, 452 and 324 I.P.C. by order dated 28.4.2011. The petitioner filed an appeal before the learned Addl. Sessions Judge, Sri Karanpur, Distt. Sri Ganganagar and the learned Addl. Sessions Judge, Sri Karanpur, Distt, Sri Ganganagar while suspending the sentence awarded to the petitioner directed him to deposit a sum of Rs. 7000/- against the fine imposed by the trial court. The petitioner is a poor person, as such, he has not deposited the aforesaid amount, therefore, he has been sent to judicial custody. 4. I have perused the order impugned. 5. In the opinion of the court, appeal against the conviction is a right to any accused provided under the law and, if for the purpose of filing of such appeal and contest there on, the accused is required to deposit the amount of fine, then, it would amount to deprivation of the right to appeal. 6. The Hon'ble Apex Court in the case of Dilip Dhaukar v. Kotak Mahindra Co., reported in 2007 (1) NIJ (SC) 413 , has held that while suspending the sentence in an appeal, the accused cannot be directed to deposit the amount of fine. 7. The learned Public Prosecutor has opposed the bail application. 8. Looking to the facts and circumstances of the case, I deem it just and proper to enlarge the petitioner on bail. 9. Consequently, the bail application is allowed. It is ordered that the accused-petitioner, namely Jagdish @ Jagia in Cr. Appeal No. 6/2011 pending in the court of Addl. Sessions Judge, Sri Karanpur for the offences under Sections 326, 452 and 324 I.P.C. arising out of F.I.R. No. 205/2000, registered at Police Station Keshrisinghpur, Distt. Sri Ganganagar shall be released on bail, provided he furnishes a personal bond or Rs. 30,000/- and two surety bonds of Rs. Appeal No. 6/2011 pending in the court of Addl. Sessions Judge, Sri Karanpur for the offences under Sections 326, 452 and 324 I.P.C. arising out of F.I.R. No. 205/2000, registered at Police Station Keshrisinghpur, Distt. Sri Ganganagar shall be released on bail, provided he furnishes a personal bond or Rs. 30,000/- and two surety bonds of Rs. 15,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.The condition imposed in the order suspending the sentence of the petitioner directing him to deposit the amount of fine is hereby set aside.Bail application allowed. *******