CHHITAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned council for parties.

(2.) In Cr. Case No. 304/85, Judicial Magistrate, Ramganj Mandi convicted the petitioner for offence u/s 324 Penal Code and sentence him to undergo six months S.I. with a fine of Rs. 300.00 (in default 2 month's SI) under judgment dated 26-9-86, against which the petitioner preferred an appeal which came to be partly allowed vide judgment dated 19-6-90 by Addl. Sess. Judge No. 2, Kota, and while maintaining the conviction u/s 324 IPC, instead of upholding the sentence, the petitioner was ordered to be released on probation on his furnishing personal bond and surety each in a sum of Rs. 2,000.00 for maintaining good behaviour and peace for one year. One month's time was allowed to furnish the aforesaid bonds latest try 19-7-90.

(3.) Admittedly, the required bonds have not been furnished within the stipulated time. The petitioner filed an application on 23-7-90 stating therein that on 18-7-90 the petitioner fell ill and was under medical treatment given by Dr. R.K. Bafna who advised him bed rest upto 22-7-90. The petitioner appeared before the appellate court for furnishing the bonds on 13.7.90 but the Court refused to accept the same. On 24.7.90 the petitioner moved application alongwith his affidavit and medical certificate, seeking extension of time for producing the same. The subordinate court rejected the application by impugned order dated 25.7.90. Hence this petition.