Back
FARJAND ALI
Trilok Singh – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
Farjand Ali, J.
By way of filing the instant criminal revision petition, challenge has been made to the order dated 01.11.2022 passed by the learned Additional Sessions Judge No.2 Anoopgarh, District Sri Ganganagar (hereinafter referred to as 'the appellate Court) in Criminal Appeal No.217/2021 whereby the bail bonds of the petitioner were forfeited and a warrant of arrest was issued. At the same time, the learned appellate Court had directed to send the matter back to the Court of Judicial Magistrate, Anoopgarh for compliance of the order of sentence dated 28.05.2019 passed by the learned Judicial Magistrate, Anoopgarh (herein after referred to as 'the trial Court') in Criminal Case No. 374/2016 (1318/2016).
2. Briefly stated that facts which are necessary for disposal of the instant criminal revision petition are that the petitioner was tried for the offence under section 138 of the Negotiable Instruments Act and vide judgment dated 28.05.2019, he was held guilty for the offence under section 138 of the NI Act and sentenced to suffer two years simple imprisonment alongwith a fine of Rs.4,07,000/- and in default in payment of fine, further to undergo six months' simple impris
Satisfactory explanations for non-appearance can lead to a reduction in forfeited bail amounts under Cr.P.C.
The court has the discretion to allow an extension of time to deposit the fine amount in cases of genuine hardship, such as the COVID-19 situation and economic difficulties.
The court established that a delay in filing a criminal revision could be condoned, allowing for conditional bail and compliance with legal obligations.
The interpretation of Section 148 of the Negotiable Instruments Act regarding the period for depositing the cheque amount influenced the court's decision to modify the condition imposed by the lower ....
Point of law: Condition of depositing 50% of the amount of fine was imposed in bail during appeal, so the appeal itself cannot be dismissed on this ground.
The court held that prolonged custody and failure to comply with bail conditions necessitate a reevaluation of bail eligibility under statutory requirements.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
