The court has the discretion to modify a judgment and order based on the petitioner's circumstances, such as economic difficulties and external factors like a lockdown.

JUDGMENT :

Heard learned counsel for the parties through V.C.

2. The instant Criminal Miscellaneous Petition has been preferred by the petitioner for modification of the judgment and order dated 28.11.2019, passed in Cr. Revision No.600 of 2014, whereby petitioner was directed to be released under Section 4 of the Probation of Offenders Act with condition that the petitioner shall file two sureties to the tune of Rs.25,000/-each coupled with personal bond to the effect that the petitioner shall not commit any offence and shall be of good behavior and shall maintain peace during the period of two years. If there is breach of any condition, he will subject himself to undergo sentence as directed by the learned trial court.

It was further ordered that the bond aforesaid be filed by the petitioner within three months from the date of the judgment. Further condition was that the petitioner shall also pay fine of Rs.3,000/-before the Secretary, DLSA, Saraikella within a period of three months from the date of the judgment or the petitioner shall serve SI for 3 months for non-compliance of the order of fine.

3. Learned counsel for the petitioner submits that due to personal economic difficulties of the petitioner and also due to complete lock down declared due to COVID 19; he could not deposit of Rs.3000/-as fine amount before the Secretary, DLSA, Saraikella and he also could not file the personal bond with two sureties to the tune of Rs.25,000/-before the trial court. In this view of the matter learned counsel for the petitioner prays for modification of the original order dated 28.11.2019 to the extent that the petitioner may be granted liberty to pay the aforesaid fine amount and also to file personal bail bond with two sureties to the tune of Rs.25000/-each within a further period of Eight Weeks from today.

4. Learned APP does not raise any serious objection.

5. In view of the aforesaid facts and circumstances of the case and arguments adduced by the parties, the order dated 28.11.2019 passed in Cr. Revision No.600 of 2014 is hereby modified to the extent that the petitioner is directed to pay the fine amount of Rs.3,000/-before the Secretary, DLSA, Saraikella and to file personal bond with two sureties to the tune of Rs.25000/-each before the court concerned within a further period of Eight Weeks from today.

6. It is made clear that the petitioner shall be discharged from the liability of his bail bonds only on the fulfillment of the aforesaid conditions.

7. With the aforesaid modification in the order dated 28.11.2019, passed in Cr. Revision No.600 of 2014, the instant Cr.M.P. stands allowed and disposed of.

8. Let a copy of this order be sent to the court concerned through “FAX” at the cost of the Petitioner.