The High Court has the power to suspend the sentence and release the applicant-revisionist on bail pending hearing and final disposal of the Revision Application under Sections 397 and 401 of the Code of Criminal Procedure, 1973.

ORDER

Order in Criminal Revision Application

1. The complainant and accused both are present before the Court along with their respective Advocates on record. The affidavit of settlement is produced, which is ordered to be taken on record. The complainant – Rafikbhai Ahmadbhai Patel has affirmed the settlement, and accordingly within a period of 100 Days, the total amount has to be paid by the accused to the complainant.

2. The copy of receipt issued by the Nazir of the Court at Bharuch of Rs.3,00,000/- has been produced along with the affidavit in compliance of the order of this Court.

3. Let the matter be listed after Three and Half Months.

Order in Criminal Misc. Application

1. The present applicant has been temporarily released by order dated 22.03.2024 subjecting him to the condition of depositing 20% of the cheque amount, which has already been deposited, on furnishing personal bond of Rs.5,000/- and surety of like amount to the satisfaction of the learned First Appellate Court concerned.

2. In view of the above and in view of settlement, the sentence imposed upon the applicant - revisionist vide judgment of conviction and sentence dated 06.12.2019 passed by the learned 2nd Additional Chief Judicial Magistrate, Bharuch in Criminal Case No.5506 of 2016, which was upheld and confirmed on 07.10.2022 by the learned Second Additional Sessions Judge, Bharuch, in Criminal Appeal No.2 of 2020, shall remain suspended pending hearing and final disposal of the present Revision Application and the applicant-revisionist herein is ordered to be released on bail on executing a personal bond of Rs.15,000/- (Rupees Fifteen Thousand Only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that the applicant- revisionist shall;

[a] pursue the Revision Application;

[b] not take undue advantage of liberty or misuse liberty;

[c] surrender passport, if any, to the lower court within a week;

[d] not leave India without prior permission of this Court;

3. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter.

4. The present application stands disposed of. Direct service is permitted.