MANGI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) LEARNED Counsel for the petitioner has submitted an application for extension of time for furnishing the bail bonds as directed by this Court vide order dated 20th November, 1987. This Court while deciding the appeal extended the benefit of Probation of Offenders Act to the petitioners and directed that the accused petitioners may be released on furnishing bond of Rs. 2,000/ - each, to keep peace and be of good behaviour for a period of two years. Further directions were given that the petitioner should submit the bond before the trial court within a period of two months. Directions were also given that in case the petitioners failed to do so they will have to undergo the sentence awarded by the Sessions Judge, Jhalawar.

(2.) MR . Gupta appearing on behalf of the accused -petitioners, submitted that out of the two petitioners one has already submitted the bonds as directed by the Court He has moved the application on behalf of Chhote Khan and submitted that the petitioner came to know about the warrant of arrest against him. Then he immediately rushed to the counsel at Jaipur and contacted him. He further sumbitted that on 7 -5 -1988, the petitioner Chhote Khan came to know about this fact of submission of the bonds under the provisions of the Probation of Offenders Act. It was also submitted by Mr. Gupta that the letter was dropped but, on account of unknown circumstances, accused -appellant could not receive the letter. He prayed that time granted may kindly be extended.

(3.) LEARNED Public Prosecutor submitted that the application is not based on bonafide grounds. Apart from that learned Public Prosecutor also submitted that no application for the extension of time lies under Section 482 Cr.PC. Learned Public Prosecutor has relied on the judgment of this Court reported in Gopal v. State of Rajasthan 1983 Cr.LR (Raj.) 360. This Court has held as under: