LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
The Indian Constitution Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

madhavthorat (B.L.S.LL.B)     02 December 2009

138 appeal pending... aplication for bail

sir please clerify my doubt, accused has been convicted in lower court for 138 bouncing of check, he has applied for appeal in sessions court and appeal has been admitted but he  made an interim aplication to suspend the lower courts order of suspension of sentence and to get stay on that order till the end of this appeal. judge has imposed a condition to pay 50% of the check amount in 7 days which comes to 4 lakhs  or else he will be arrested. i wanted to know via any judement that... is there any law which says there is no need to put any conditon on accused applied for apeal to get his baill granted. any law which decides the conditions to be put. please its urgent.  



Learning

 9 Replies

Anil Agrawal (Retired)     02 December 2009

 You can't dispute. In one case, the magistrate asked the accused to deposit the entire amount of Rs.6.80 lacs to escape being sent to jail. He paid. His appeal is pending. 

R.K.SUNDERRAJ (LAWYER HUBLI,KARNATAKA)     02 December 2009

You can file an application for relaxation of conditions, and also seek prayer for extention of period for remitting the amount from 7 days to 30 days or two months,Provided you are able to convence the court with reasonable grounds and hardships.

anuz doda (independent advocate)     03 December 2009

Dear Madhav , There is a judgement of Rajasthan high court , that the accused appelant should deposit 20 % of the fine amount , i.e. 2009(2) DCR (Raj) 112 Rohitash v/s State of Rajasthan. you may use it for less your fine amount .

Anil Agrawal (Retired)     03 December 2009

 Yes. It is all subjective.

Gaurav Arora (Advocate)     03 December 2009

its a discretionary power of the court to grant the bail......and its always granted subject to fulfillment of the conditions which may be fixed by the court.....in ur case, if court is asking u to deposit the 50% of the amount, then u can only pray for the lessor amount....

Anil Agrawal (Retired)     03 December 2009

 My biggest objection to any kind of administration, be it executive or judicial, is the discretion. Here comes the maxim:

Show me the person and I shall show you the rule.

One Magistrate asks the accused to deposit the full amount, then it gets reduced percentage wise depending upon the court to court. What sort of justice is this?


(Guest)

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

MOBILE.09325226691, 09271971251

e.mail.adv.nbsawant@yahoo.co.in

e.mail.nandkumarbs@sify.com

REGARDING THE DISHONOUR OF CHEQUE CASE U/S 138 N.I.ACT AND APPEAL AND BAIL KINDLY NOTE THAT

1.JUDGEMENT IS PASSED BY J.M.F.C.COURT CONVICTING ACCUSED.

2.APPEAL AT DIST AND SESSIONS COURT FOR SUSPENSION OF SENTENCE AND STAY OF JUDGEMENT AND FOR BAIL.

3.BAIL GRANTED ON CONDITION TO DEPOSIT 50 % OF CHEQUE AMOUNT.

4.PETITIONER ACCUSED MAY FILE APPLICATION TO THE HIGH COURT  FOR BAIL ENCLOSING THE COPY OF SAID BAIL ORDER OF THE HONOURABLE DIST.AND SESSIONS COURT FOR REDUCING THE AMOUNT OF DEPOSIT TOWARDS 50 % OF DISHONOURED CHEQUE AMOUNT. HE SHOULD ALSO PRAY FOR INTERIUM ORDER AS TIME LIMIT IS 7 DAYS. YOU WILL SUCCEED . GOOD LUCK .

5.KINDLY NOTE THAT DUE TO CHRISTMAS VACATION  HIGH COURT  WILL ENTERTAIN ONLY URGENT MATTERS  ONLY.

6. IN CASE YOU NEED ANY URGENT HELP KINDLY SEND DETAILS OR WRITE OR CALL.

WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.

THANKING YOU

YOURS SINCERELY

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

Raghav Sood (Lawyer)     07 January 2010

well dear here is the solution 2007 6 scc 528 Dilip S. Dhanukar Vs. Kotak mahindra


This extract is taken from Dilip S. Dahanukar v. Kotak Mahindra Co. Ltd.,(2007) 6 SCC 528, at page 545  :
The purpose of imposition of fine and/or grant of compensation to a great extent must be considered having the relevant factors therefor in mind. It may be compensating the person in one way or the other. The amount of compensation sought to be imposed, thus, must be reasonable and not arbitrary. Before issuing a direction to pay compensation, the capacity of the accused to pay the same must be judged. A fortiori, an enquiry in this behalf even in a summary way, may be necessary. Some reasons, which may not be very elaborate, may also have to be assigned; the purpose being that whereas the power to impose fine is limited and direction to pay compensation can be made for one or the other factors enumerated out of the same; but sub-section (3) of Section 357 does not impose any such limitation and thus, power thereunder should be exercised only in appropriate cases. Such a jurisdiction cannot be exercised at the whims and caprice of a judge

 

WHATSAPP 91-8075113965 (advocate)     07 January 2010

sir,

if the bail condition is excessive , you can move a petition u/s 440(2) CRPC before the same court, as it is not a review of his own decision.its only an alteration of bail bond and the appellate court itself can alter its decision, if it thinks fit.

salil kumar.p

advocate

thalassery-670101

09447536929


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query