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2025 DIGILAW 375 (RAJ)

Vinod Kumar v. State of Rajasthan

2025-02-17

MANOJ KUMAR GARG

body2025
ORDER : (MANOJ KUMAR GARG, J.) The present misc. application has been filed by the applicants for exempting the condition No.4 imposed by this Court in the order dated 18.12.2024 passed in S.B. Criminal Misc. Suspension of Sentence Application (Appeal) No.1654/2024, while allowing the application for suspension of sentence whereby the accused applicants/appellants were directed to deposit the 50% of the fine amount as imposed by the learned trial Court. 2. Counsel for the appellants/applicants submits that appellant No.1 Vinod Kumar and No.5-Dharmpal have deposited the 50% of fine amount, as directed by this Court vide order dated 18.12.2024 but the appellants/applicants No.2-Bhadar Singh, No.3-Satish Kumar and No.4-Sunil Kumar, were indigent persons, therefore, they are not in a position to deposit 50% of the fine amount as imposed by the learned Court below and because of not complying with the order dated 18.12.2024, they are in custody. Therefore, it is prayed that the condition No.4 imposed by this Court in the order dated 18.12.2024 regarding deposition of 50% of fine amount may be waived to the appellants Bhadar Singh, Satish Kumar and Sunil Kumar. 3. Per contra, learned Public Prosecutor opposed the prayer made by the counsel for the appellants/applicants. 4. In view of submissions made and for reasons stated in the application, I deem it appropriate to waive/exempt the condition No.4 imposed in the order dated 18.12.2024 passed in S.B. Criminal Misc. Suspension of Sentence Application (Appeal) No.1654/2024 to the extent of appellants/applicants No.2-Bhadar Singh, No.3-Satish Kumar and No.4-Sunil Kumar. 5. Accordingly, the condition No.4 imposed in the order dated 18.12.2024 passed in S.B. Criminal Misc. Suspension of Sentence Application (Appeal) No.1654/2024 regarding deposition of 50% of fine amount is hereby waived to the extent of appellants/applicants No.2-Bhadar Singh, No.3-Satish Kumar and No.4-Sunil Kumar. The appellants/applicants No.2-Bhadar Singh, No.3-Satish Kumar and No.4-Sunil Kumar are directed to appear before this Court for their attendance on 20.03.2025. 6. With the above direction, the misc. application is disposed of.