Lalit Kumar vs Ajay

Pranay Verma, J

Heard.

2 . This petition has been preferred by the petitioner - accused being aggrieved by the order dated 13/10/2023 passed by the Additional Sessions Judge, District Indore whereby an application under Section 317 of the Cr.P.C filed by him has been rejected and arrest warrant has been issued against him on the ground that he has not deposited the amount as per order dated 27/7/2023 And that his application for extension of time to comply with the said order has also been rejected by order dated 13/10/2023.

3 . Learned counsel for the petitioner submits that the requisite amount has already been deposited by the petitioner on 4/10/2023 as evidenced by receipt Annexuure P/3. The petitioner was ill and was hospitalized at the relevant time hence was not in a position to appear before the Court. The documents in that regard have also been filed along with this petition from which the contention of the petitioner as regards his ill health appears to be substantiated.

Since the petitioner has already deposited the amount and has shown his illness on the date fixed before the Court below, the impugned order deserves to be and is accordingly set aside and the arrest warrant issued against the petitioner is cancelled subject to the condition that he shall appear before the Court below on the next date of hearing fixed before it and shall furnish his bail bonds as may be directed. The Court below shall also verify the fact of deposit of the requisite amount as made by the petitioner who shall produce the receipt Annexure P/3 also on the next date of hearing.

With the aforesaid, the petition stands allowed and disposed off.

C.c. as per rules.