The mandatory nature of complying with conditions set by the appellate court for bail and the limitations on the scope of anticipatory bail applications.

NAMIT KUMAR, J.

1. The case was called twice, however, none has put in appearance on behalf of the petitioner.

2. This petition has been filed by the petitioner under Section 438 Cr.P.C. seeking anticipatory bail in Criminal Appeal No.9535 of 2019 and Complaint No.6859 of 2017 by impugning order dated 06.10.2021 (Annexure P-1) passed by the Court of learned Additional Sessions Judge, Gurugram, whereby fresh non-bailable warrants have been ordered to be issued against the petitioner and notice to his surety and identifier have also been ordered to be issued.

3. The facts as pleaded in the present petition are that respondent No.2-complainant filed criminal complaint against the petitioner under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as ‘the NI Act’), wherein the trial Court vide judgment of conviction and order of sentence dated 13.11.2019 convicted and sentenced the petitioner to undergo simple imprisonment for one year and to pay compensation of Rs.17,00,000/- (Rs.15,00,000/- + Rs.2,00,000/-) to be paid to the complainant, under Section 138 of the NI Act. Aggrieved against the judgment of conviction and order of sentence dated 13.11.2019 of the trial Court, petitioner filed appeal before the Sessions Judge, Gurugram. The said appeal was admitted on 14.12.2019 and petitioner was ordered to deposit 20% of the compensation amount awarded by the trial Court, to be disbursed to the complainant as per rules. A copy of the same is placed on record by learned counsel for the complainant. Order dated 14.12.2019 reads as under: -

“Convict put in his appearance in pursuance of the directions of the Court given vide order dated 12.12.2019. It is an appeal against the conviction of the accused-appellant for the commission of offence under section 138 of N.I.Act. Heard. In view of grounds of appeal and facts and circumstances of the case, the finding recorded by the Trial Court are required to be re-appreciated as per the grounds being put forward, as such the appeal stands admitted. Heard on the application seeking suspension of sentence and bail. Although the period for which the sentence awarded to the convict was suspended by the Trial Court, has already expired, yet in view of the fact that since the appeal has been admitted for hearing on merits and it will take sometime to dispose off the appeal, the impugned order of sentence is suspended till the conclusion of appeal and the appellant is bailed out subject to furnishing the bail bonds in the sum of Rs.50,000/- with one surety in the like amount to the satisfaction of this Court with a further direction to deposit 20% of the compensation amount awarded by ld Trail Court in this Court to be disbursed to the complainant as per rules. Bonds furnished, accepted and attested. Let a copy of this order be sent to the learned Area Magistrate for necessary information and further action. Requisite intimation be sent to the concerned Tehsildar regarding furnishing of the surety by Rajaram s/o Daulat Ram in favour of the accused to facilitate them to incorporate the entry regarding furnishing of the surety by the surety in the record in pursuance of the order dated 1.6.2018 passed by the Hon’ble High Court in Civil Writ Petition no.4898 of 2018. Let notice of the appeal be issued to the respondent for 27.2.2020 on filing of requisite copy of grounds of appeal and PF etc.”

4. It has been pleaded in the petition that petitioner was not able to deposit 20% of the compensation amount as he met with an accident and was suffering from injury in his leg and got treatment from the Civil Dispensary, Village Khol, District Rewari and, therefore, could not appear before the lower appellate Court and vide order dated 11.08.2021, his bail was cancelled and bail bonds were forfeited to the State and the case was adjourned to 06.10.2021 for issuance of non-bailable warrants against the petitioner and notice to his surety and identifier was ordered to be issued for the date f