Lalitgopal Puskarna vs State of Rajasthan

The present bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner who is in custody in connection with Appeal No. 74/2018 (Lalitgopal Vs. Radheyshyam & anr.) pending in the court of learned Additional Sessions Judge No. 1, Udaipur against the conviction for the offence under Section 138 of the Negotiable Instruments Act awarded to the petitioner by the learned trial court.

Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

It is submitted on behalf of the petitioner that the petitioner has preferred an appeal against his conviction for the offence under Section 138 of the Negotiable Instruments Act, which is pending before the learned appellate court below. The sentence awarded to him by the learned trial court was suspended by the learned appellate court subject to his furnishing the personal bond and sureties as well as depositing 20% amount of the penalty imposed against him by the learned trial court but he failed to furnish the personal bond and sureties as well as amount so directed by the learned appellate court and therefore, his bail bonds were forfeited and warrant of arrest was issued against him. Learned counsel further submits that the petitioner is ready to submit bail bonds and deposit the amount so directed by the learned appellate court and shall continue to appear before the court below on each and every date of hearing fixed by the learned court below and shall not jump the bail again.

Learned Public Prosecutor opposes the bail.

Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted subject to his depositing the amount so directed by the learned appellate court.

Consequently, the bail application under Section 439 of Cr.P.C. is allowed. It is ordered that the accused-petitioner - Lalitgopal Puskarna S/o Pannalal Puskarna arrested in connection with Appeal No. 74/2018 (Lalitgopal Vs. Radheyshyam & anr.) pending in the court of learned Additional Sessions Judge No. 1, Udaipur shall be released on bail subject to his deopositing the amount as directed by the learned appellate court within a period of one month from the date of his release on bail and provided he furnishes a personal bond of Rs.50,000/- (Rupees: Fifty Thousand Only) with two sureties of Rs.25,000/- (Rupees : Twenty Five Thousand Only) each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.

However, it is made clear that in case, the petitioner fails to deposit the said amount within the stipulated period, this order granting benefit of bail to him shall stand automatically cancelled.