Abhay Kumar Singh vs State & Anr.

Lok Pal Singh, J.

Present C-482 application has been filed for quashing of order dated 19.6.2018 passed by Addl. Sessions Judge, Kotdwar in Criminal Appeal No.24

of 2016.

By judgment and order dated 23.06.2016 passed by Addl. C.J.M., Kotdwar, applicant was convicted under Section 138 of Negotiable Instruments

Act and was sentenced for a period of one year rigorous imprisonment along with fine of Rs.40,00,000/-. Against the order of conviction, applicant

preferred appeal and also moved bail application. Bail application was considered by the Addl. Sessions Judge, but while granting bail to the applicant

during appeal, the appellate court directed that the appellant/applicant be released on bail during appeal on furnishing his personal bond and two

sureties of the like amount and the deposition of fine imposed by the trial court shall be the condition precedent for regular bail. Feeling aggrieved, the

applicant approached this Court by way of Criminal Revision No.228 of 2016, wherein this Court, vide order dated 10.08.2016, modified the order

dated 20.07.2016 and directed the applicant to deposit half of the fine as imposed by the trial court with two weeks. Thereafter, on 05.12.2017, when

the revision came up for hearing, on the statement of learned counsel for the revisionist that he has no instructions in the matter, revision was

dismissed. Thereafter, the court below proceeded with the matter. Due to non-appearance of the applicant before the lower appellate court on two

consecutive dates, the court below, vide order dated 09.01.2018, issued non-bailable warrants against the applicant, in pursuance whereof, applicant

was arrested and sent to jail. Thereafter, on 19.06.2018, lower appellate court passed an order directing the applicant to first comply with the orders

dated 20.07.2016 and 05.12.2017 and thereafter his bail application shall be considered.

Learned counsel for the applicant draws attention of this Court to Section 357(2) of Cr.P.C. and on the strength of it, he submits that the impugned

order is unsustainable. For convenience, sub-section (2) of Section 357 reads as under:

(2) If the fine is imposed in a case which is subject to appeal, no such payment shall be made before the period allowed for presenting the appeal has

elapsed, or, if an appeal be presented, before the decision of the appeal.

In the alternative, learned counsel for the applicant would further submit that the applicant is ready to deposit 50% of the fine imposed by the trial

court but seeks some reasonable time for the same.

Having considered the submission of learned counsel for the applicant, impugned order dated 19.06.2018 is quashed, purely in the interest of justice.

Court below is directed to consider the bail application of the applicant on the following conditions:

i) Applicant shall deposit Rs. 15,00,000/- before the court below within a week.

ii) Remaining amount of Rs. 5,00,000/- shall be deposited by the applicant within two months from the date of his release from jail.

iii) Any failure on the part of the applicant to comply with aforesaid conditions would lead to automatic cancellation of bail of the applicant.

With the aforesaid observation and direction, present misc. application u/s 482 Cr.P.C. stands disposed of.