KAMAL DEV Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the order dated 16.5.2018, passed by learned Sessions Judge, Hamirpur, District Hamirpur, Himachal Pradesh, in Cr.M.A. No.76 of 2018 in Cr. Appeal No.27 of 2018, whereby an application under Sec. 389(1) Cr.P.C for suspension of sentence imposed by the learned Chief Judicial Magistrate, Hamirpur, H.P., in complaint No.37-I/2015, on 1.5.2018/2.5.2018, came to be allowed subject to the petitioner's (hereinafter referred to as the accused) furnishing personal and surety bonds to the tune of Rs. 10,000.00 to the satisfaction of the learned trial Court and also subject to depositing of the cheque amount before the learned trial Court within a period of 30 days with the undertaking to surrender before the learned trial Court to serve out the sentence in the event of failure of his appeal, petitioner has approached this Court in the instant proceedings filed under Sec. 482 Cr.P.C, praying therein to set-aside the order dated 16.5.2018 vide which the petitioner was called to deposit the entire cheque amount.

(2.) While issuing notice, this Court called upon the petitioner to deposit 50% of the cheque amount before the learned trial Court. It is not in dispute that pursuant to order, dated 18.7.2018,accused has already deposited 50% of the cheque amount with the learned trial Court.

(3.) Though, careful perusal of Sec. 374(3) Cr.P.C, nowhere suggests that at the time of filing appeal, appellant can be asked to deposit amount, if any, awarded by the learned trial Court, but certainly careful perusal of Sec. 389 Cr.P.C, which empowers the Appellate Court to suspend the sentence awarded by the learned trial Court during the pendency of the appeal, suggest that Court can ask the appellant to furnish bonds, so that his presence is secured during the pendency of the appeal and he makes himself available to serve the sentence awarded by the learned Appellate Court in the event of failure of appeal having been filed by him.