MANGU @ ABDUL HAFIZ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This misc. petition under Sec. 482 Crimial P.C. has been filed by the accused petitioner with the prayer that the order dated 2.6.2004 passed by the learned Addl. Sessions Judge No. 3, Kota in criminal appeal No. 5/2004 be quashed and set aside and further, time be given to the accused petitioner for submitting personal and surety bounds in compliance of the judgment and order dated 14.12.1998 passed by the learned Sessions Judge, Kota in appeal No. 113/97.

(2.) It may be stated here that through judgment and order dated 14.12.1998, while hearing appeal against conviction for the offence under Sec. 382 IPC, the learned Sessions Judge, Kota instead of sentencing accused petitioner for the offence under Sec. 382 IPC, released him on probation under Sec. 4 of the Probation of Offenders Act on his furnishing personal bond in the sum of Rs. 3,000.00 (Rs. three thousand only) with one surety in the like amount to the satisfaction of the trial court to keep the peace and be of good behaviour for three years, within a period of one month.

(3.) In compliance of the said judgment and order dated 14.12.1998, the accused petitioner did not furnish personal and surety bonds and thereafter, he moved application for extension of time for submitting personal and I surety bonds in compliance of the judgment and order dated 14.12.1998, but that application was rejected by the learned Addl. Sessions Judge No. 3, Kota through impugned order dated 2.6.2004. Hence, this petition with the prayer as stated above.