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ITEM NO.1705 COURT NO.7 SECTION II
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 5397/2024
BRIJ MOHAN @ CHHINGA Petitioner(s)
VERSUS
THE STATE OF RAJASTHAN Respondent(s)
( IA No.44247/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.44246/2024-EXEMPTION FROM FILING O.T. and IA No.44244/2024-EXEMPTION FROM SURRENDERING WITHIN TIME )

Date : 26-02-2024 This petition was called on for hearing today.
CORAM : HON’BLE MR. JUSTICE UJJAL BHUYAN
[IN CHAMBER]
For Petitioner(s) Mr. Satish Pandey, AOR
Ms. Jay Jaimini Pandey, Adv.
Mr. Santosh Kumar, Adv.
Mr. Harendra Kumar sharma, Adv.
Mr. Kafeel Ahmed, Adv.
Mr. Meghraj Singh, Adv.
Ms. Lalita Gupta, Adv.
Ms. Maushmi Mishra, Adv.
Mr. Danish Saifi Satish Pandey, Adv.

For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
IA No.44244/2024
Heard learned counsel for the petitioner.
This Interlocutory Application has been filed seeking exemption from surrendering.
Petitioner was convicted, by the Court of Special Judge, Dacoity Affected Area Court, Karauli, vide the judgment and order dated 26.11.1993, under Section 307 of IPC and sentenced to undergo Rigorous Imprisonment(RI) for a period of three years and a fine of Rs.3,000/-.
Appeal filed by the petitioner before the High Court of Judicature for Rajasthan at Jaipur, was dismissed. However, the High Court modified the sentence from three years RI to one year RI. However, the fine of Rs.3,000/- was enhanced to Rs.10,000/- with a default stipulation.

Learned counsel for the petitioner submits that the petitioner has a good case on merit and is quite hopeful of success. Petitioner was on bail during the trial as well as during the
appeal.

Having heard learned counsel for the petitioner and on due consideration, exemption is granted to the petitioner from surrendering.
Interlocutory Application No. 44244/2024 is allowed.
(VARSHA MENDIRATTA) (RAM SUBHAG SINGH)
COURT MASTER (SH) COURT MASTER (NSH)