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Judgment
V.K. Sharma, Judge
In the facts and circumstances of the case, notice need not be issued to respondent No.1.
Heard.
On 27.6.2011, the following order was passed by the learned court below in an appeal filed by the petitioner u/s 374 Cr.P.C:-
Office report seen. Application u/s 389 Cr.P.C. be registered.
Heard.
The appellant stands convicted of offence punishable u/s 138 of Negotiable Instruments Act, by the learned trial court in case No. 3421-3 of 2010 and sentenced to simple imprisonment for a period of six months and further directed to pay compensation in the sum of Rs.2,00,000/- to the complainantrespondent. Since the appeal has been admitted for hearing and its disposal will take time. Hence, the operation of the order of sentence dated 20.5.2011 regarding substantive sentence of imprisonment is suspended during the pendency of the appeal subject to furnishing personal bond by the applicant in the sum of Rs.10,000/- with one surety of the like amount to the satisfaction of the learned trial court undertaking therein that in case of dismissal of appeal he would surrender to receive the sentence within a period of 30 days from today and further depositing one third of the compensation amount in the trial court. The trial court is further requested to send bonds furnished pursuant to this court, to this court. Application stands disposed of accordingly. It be tagged with main file after needful.
Sd/- ( Virender Sharma) ASJ, FTC, Shimla, H.P.
Announced 27.6.2011.
However, owing to non compliance of the aforesaid order dated 27.6.2011, within the stipulated period, the petitioner has been arrested on 4.2.2012, in pursuance of the judgment of the learned trial court in case RBT No. 3421-3 of 2010, titled Smt. Ramanjit Chada versus Kali Kant, decided on 20.5.2011.
I am satisfied that it shall be expedient and in the interest of justice, in case the time granted by the learned Addl. Sessions Judge to the petitioner for furnishing the requisite bonds and depositing 1/3rd amount of compensation vide the aforesaid order dated 27.6.2011, is extended by further two weeks, that is, upto 24th February, 2012. Ordered accordingly. As and when the said order is now complied with by the petitioner within the time granted by this court, the learned Addl. Sessions Judge shall pass appropriate orders releasing him from custody during pendency of the appeal filed by him in the said court.
The petition, so also application for interim relief stand disposed of in the above terms. Copy dasti.