Devi Lal And Ors vs State Of Rajasthan

This criminal misc. application under Section 482 Cr.P.C. has been filed on behalf of the petitioners with a prayer for extension of time to deposit fine of Rs.4000/- each pursuant to the order dated 15.06.2016 passed by this Court in S.B. Criminal Revision Petition No.404/2001 (Dhanna Ram & Ors. Vs. State of Rajasthan).

Brief facts of the case are that the petitioners were convicted for the offences punishable under Sections 325/34, 457/34, 323/34 and 336 IPC by the Judicial Magistrate, First Class, Pilibanga (hereinafter to be referred as 'the trial court') in Criminal Case No.57/1997 vide judgment and order dated 26.05.1999. Against the judgment and order dated 26.05.1999, the petitioners preferred Criminal Appeal No.87/1999 before the Additional Sessions Judge No.2, Hanumangarh (hereinafter to be referred as 'the appellate court'), which was dismissed by the appellate court vide judgment and order dated 23.07.2001.

Being aggrieved with the same, the petitioners preferred S.B. Criminal Revision Petition No.404/2001 (Dhanna Ram & Ors. Vs. State of Rajasthan) before this Court and a Coordinate Bench of this Court vide order dated 15.06.2016 while partly allowing the said revision petition maintained the conviction of the accused petitioners for the offences punishable under Sections 457/34, 323/34, 325/34 and 336 IPC, however, reduced their sentences to the period already undergone by them. Simultaneously, the Coordinate Bench of this Court increased the fine amount to the tune of Rs.4000/- to be deposited by each petitioner with the trial court within a period of 90 days. It was also directed to disburse the said amount to injured Anil Kumar by way of issuing notice. However, the petitioners failed to deposit the said fine amount of Rs.4000/- each within prescribed period, therefore, the trial court vide order dated 03.12.2016 ordered for issuing warrant of arrest against the petitioners.

Now the petitioners have moved this criminal misc. application with a prayer for granting some more time for depositing the fine amount as per the order dated 15.06.2016 passed by this Court in S.B. Criminal Revision Petition No.404/2001 (Dhanna Ram & Ors. Vs. State of Rajasthan).

Having heard learned counsel for the petitioners and after going through the material available on record, I deem it appropriate to grant 15 days' time to each of the petitioners to deposit fine amount of Rs.4000/- each with the trial court.

Accordingly, this criminal misc. application is disposed of. The order dated 03.12.2016 passed by the trial court is modified and the petitioners are granted 15 days' time from today to deposit fine amount of Rs.4000/- each with the trial court.

It is made clear that no further opportunity will be granted to the petitioners for depositing the fine amount. It is also made clear that if the petitioners fail to deposit the fine amount within 15 days from today, the trial court is free to summon them through warrant of arrest for the purpose of undergoing sentence awarded to them.