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2025 Supreme(Online)(Raj) 11550
HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
Kuldeep Mathur, J
Rewant Singh – Appellant
Versus
State Of Rajasthan – Respondent
Criminal Misc(Pet.) No. 4440/2025
Important Points
Subject
Criminal Law - Bail and Bond
Act Referred
Headnote
For the Appellants/Petitioners: Mr. R.S. Mankad, Mr. Ajay Kumar Augustine
For the Respondents: Mr. Narendra Singh Chandawat, PP
| Table of Content |
|---|
| 1. petitioner faces financial hardships affecting appeal conditions. (Para 2 , 3) |
| 2. court evaluates financial circumstances and conditions imposed. (Para 4) |
| 3. court modifies deposit requirement based on discretion. (Para 5) |
| 4. final ruling dismisses stay petition. (Para 7) |
Order
01/07/2025
1. By way of filing the present criminal misc. petition, a challenge has been made to the order dated 12.05.2025 passed by the learned Additional Session Judge, Merta in Criminal Revision No.05/2025.
2. Briefly stated, the facts of the present case are that after getting convicted for the offence punishable under Section 138 of the Negotiable Instrument Act , 1881 the petitioner moved an appeal along with an application under Section 389 of Cr.P.C., before the learned Additional Chief Judicial Magistrate, Degana. The appeal was admitted and while allowing the application under Section 389 of Cr.P.C., the learned Appellate Court vide order dated 24.12.2024 imposed a condition of depositing 20% of the compensation amount awarded by the trial Court, which was further confirmed by the learned Revisional Court on 12.05.2025.
3. Learned counsel for the petitioner submitted that the petitioner is a poor person and he does not have sufficient source of income to even sustain himself. Learned counsel thus prayed that since the petitioner is facing financial crisis and is unable to satisfy the said condition of depositing the 20% of the compensation amount, the said condition be relaxed.
4. Heard learned counsel for the parties at bar. Perused the material as made available to this Court.
5. It is settled law that the imposition of condition for deposition of 20% of the compensation amount is discretionary and thus keeping in view the arguments of learned counsel for the petitioner that the petitioner is facing financial hardship and is not in position to deposit 20% of the compensation amount awarded by the trial Court, this Court deems it appropriate to modify the aforementioned condition imposed in the order dated 24.12.2024. 6. Accordingly, the instant criminal misc. petition is partly allowed. The condition of deposition of 20% of the compensation amount vide order dated 24.12.2024 is modified. Now, the petitioner would deposit only 10% of the cheque amount instead of 20% of the compensation amount as imposed by the learned trial Court within a period of one month from the date of this order. The petitioner, upon fulfilling the condition of deposition of 10% of the cheque amount within stipulated time shall be entitled to be released on bail. It is however made clear that the other conditions imposed in the order dated 24.12.2024. shall remain intact.
7. The stay petition stands dismissed.
