RAJA Vs. PRAKASH

JUDGEMENT

(1.) Heard on IA No.4598 of 2023, which is an application under Sec. 397 of Cr.P.C. on behalf of the applicant-Raja for grant of bail and suspension of remaining jail sentence. Applicant has been convicted for the offence under Sec. 138 of Negotiable Instruments Act and sentenced to 2 years R.I. and he has been directed to deposit the compensation amount of Rs.2,86,000.00. In default of payment of compensation amount, applicant has been directed to undergo additional 3 months' R.I.

(2.) Learned counsel for the applicant contended that the applicant is innocent and he has been falsely implicated in the aforesaid offence. Applicant was remained on bail during trial and he did not misuse the liberty given to him. There is a strong case in favour of the applicant. Final conclusion of this revision will take a long sufficient time. Hence he prays for grant of bail and suspension of remaining jail sentence of the applicant.

(3.) After considering the facts and circumstances of the case, submissions made by learned counsel for the applicant, nature and gravity of the allegation against the applicant and also taking note of the fact that applicant was remained on bail during the trial and he did not misuse the liberty given to him and that final conclusion of this appeal will take a long sufficient time, I deem it proper To suspend the remaining jail sentence of the applicant. Accordingly, IA No.4598 of 2023 is allowed and the execution of remaining jail sentence of the appellant-Raja is hereby suspended till the final disposal of this revision and it is ordered that the applicant be released on bail subject to depositing 50% of the compensation amount of Rs.2,86,000.00 and upon furnishing a personal bond for a sum of Rs.75,000.00 with one solvent surety of the like amount to the satisfaction of the trial Court, with a further direction to appear before the Registry of this Court on 5/10/2023 and on such other dates, as may be fixed by the Registry of this Court in this regard during the pendency of this criminal revision. Let the record of both the courts below be requisitioned and the matter be listed immediately after receipt of record. C.C. as per rules.