Sanjay Malik vs State Of Uttarakhand And Another

Alok Kumar Verma, J

Proposed revisionist-accused Sanjay Malik was convicted and sentenced to undergo simple imprisonment for a period of three month along with a fine of Rs. 55,000/- under Section 138 of the Negotiable Instruments Act, 1881.

Against the said judgment dated 05.03.2019, passed by learned Judicial Magistrate, Civil Judge (Junior Division), Rudrapur, District Udham Singh Nagar, a Criminal Appeal (No.110 of 2019) was filed. The said Appeal has been dismissed vide judgment dated 08.09.2023, passed by learned IIIrd Additional District and Sessions Judge, Rudrapur, District Udham Singh Nagar.

Mr. M.K. Ray, Advocate, has filed an affidavit dated 21.09.2023 of Smt. Jyoti, wife of Sanjay Malik. The said affidavit is taken on record.

Mr. M.K. Ray, Advocate, submits that impugned cheque was not issued by the proposed revisionist. However, the revisionist undertakes to pay the awarded amount to the respondent no.2-complainant within ten days’ from the date of his release on bail. This statement is supported by paragraph no.2 of the said affidavit of Smt. Jyoti.

Admit.

Issue notice to the respondent no.2-complainant.

Steps to be taken within four days.

List on 06.10.2023.

Heard on the Bail Application (IA No. 01 of 2023).

Mr. M.K. Ray, Advocate, submits that the revisionist is a permanent resident of District Udham Singh Nagar. Therefore, there is no possibility of his absconding and he was on bail during the trial, and, the conditions of bail were never misused nor violated by him.

Considering the facts and circumstances of the case, this Court is inclined to grant bail to the revisionist Sanjay Malik.

Let the revisionist be released on bail on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the Trial Court.