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GITA GOPI
Bhavesh Nandkishor Rathod – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
1. Learned advocate Mr. Vedant D.Gaikwad for the applicant submits that the challenge has been given to the order dated 29.07.2024 passed by 3rd Additional District and Sessions Judge, Vadodara below Exh.1 in Criminal Appeal No.84 of 2024 dismissing the appeal, as dismissed for default.
2. The revision has been filed under section 438 and 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’ for short). The order, which has been passed is as under:
The order passed below stay application Exh.4 in this
Dismissal of an appeal for default without considering merits is illegal, and pre-deposit conditions cannot obstruct the right to appeal.
The right of the accused to a fair hearing and the need for substantial compliance with legal requirements.
The court established that appellate courts generally must provide reasons for imposing pre-deposit conditions unless justified by exceptional circumstances, reflecting the need to prevent unjust del....
The appellate court has discretion under Section 148 of the NI Act to impose a deposit condition, which is not mandatory and must be justified based on case specifics.
The court established that conditions for suspension of sentence must be justified with reasons, considering the accused's financial situation and prior payments.
The appellate court can impose a 20% deposit requirement from a convicted party, but exceptions may apply under specific and justified circumstances.
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