The court has the discretion to suspend the sentence and release the applicant on bail in a case under Section 138 of the Negotiable Instruments Act, considering the payment of compensation and the applicant's willingness to deposit additional amounts.

ORDER

1. By way of of this application, the applicant seeks following reliefs:

“10… (A) Your Lordships may be pleased to call for the record and proceedings of Criminal Appeal No.62 of 2023 from the court of learned 2nd Additional Sessions Judge, Halol, Panchmahals, and after examining and perusing the same, further be pleased to quash and set aside judgment and order dated 13.05.2024 passed by the 2nd Additional Sessions Judge, Halol, Panchmahals in Criminal Appeal No.62 of 2023. (B) Pending admission and final disposal of this revision application Your Lordships may further be pleased to stay the judgment and order of conviction dated 13.05.2024 passed by the learned 2nd Additional Sessions Judge, Halol, Panchmahals in Criminal Appeal No.62 of 2023 and further be pleased to suspend the sentence by releasing the petitioner on bail for the charges against him under section 138 of the Negotiable Instruments Act, in the interest of justice;

(C) Affidavit of the petitioner may kindly be dispensed with as he is presently in jail.”

2. Learned advocate Mr.Tejas D. Shukla states that he was convicted for the period of 01 year with a compensation of Rs.1,50,000/- out of which an amount if Rs.30,000/- is paid at the time of preferring the appeal and he is ready to deposit further amount of Rs.40,000/- before the learned trial court within a period of 10 days from the date of release.

3. In view of the above submission, present revision application is admitted. During the pendency of revision application, the sentence is suspended on the following conditions:-

(a) The applicant shall be released on bail by executing a fresh bond of Rs.10,000/- (Rupees Ten Thousand Only) with one surety of the like amount to the satisfaction of the trial Court, (b) shall deposit further amount of Rs.40,000/- before the learned trial court within a period of 10 days from the date of release.

(c) shall not take undue advantage of liberty or misuse liberty;

(d) shall not leave India without prior permission of this Court.

(e) shall furnish the present address of his residence to the Court concerned at the time of execution of the bond and shall not change the residence without the prior permission of this Court.

(f) shall proceed with the revision application as and when it may be listed.

4. Direct Service is permitted.