Interim Order 1

Order Details: COPY OF ORDER
Pdf Text: IN THE COURT OF SHRI ANIL ANTIL; ASJ 04, PHC, NEW DELHI
CA No. 15 to 22 of 2022 ( 19 Appeals )
CC no. /2019
u/s 138 N.I. Act
Mahavir Prasad Mishra Vs. The State & Ors
22.01.2022
Matter taken up through Video Conferencing pursuant to
the Notification / Order No. 896/RG/DHC/2021 dated 30.12.2021 and
1/RG/DHC/2022 dated 12.01.2022 recently issued by the Hon’ble High
Court of Delhi in view of the sudden spurt and spike in Covid 19 cases,
whereby it was directed that all the matters be taken up through VC till
15.01.2022. Accordingly, matter is taken up through VC.
Fresh Criminal Appeal received upon assignment to this
Court from the office of Ld. Principal District & Sessions Judge,
Patiala House Courts, New Delhi.
It be checked and registered.
Present : Appellant/Convict Mahavir Prasad Mishra joined the
proceedings alongwith his learned counsel Sh. Manish Gandhi through
VC.
I Submissions heard on the appeal filed by the appellant. The
same is admitted to hearing subject to just exceptions. Let notice of the
appeal be issued to the respondents by all modes i.e. on PF/RC/Speed
Post/Courier as well as through electronic mode for date fixed.
Appellant is directed to take steps within ten working days
from today.
At this stage, Sh. S.K. Kain, learned Addl. PP for the State/
respondent no. 1 is present through VC. Notice of the revision petition
is served upon him and he accordingly accepts it.
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Let copy of the revision petition alongwith documents be
supplied to him within a week from today.
Reply, if any, be filed by the respondent(s) within four weeks
after receipt of the notice, with advance copy to the opposite party.
II Ld. Counsel for the appellant has pointed out that an
application u/s 389(1) of Cr.P.C is also moved for suspension of
sentence till the disposal of the appeal(s).
Heard and record perused.
It has been submitted that the appellant/convict/accused
had been regularly appearing during the trial, he has already been
admitted to bail till 22.01.2022 by the said learned trial court in all the
19 appeals preferred by him and considering that he was employee of
the convict company, one composite order was passed in all the cases
for his release on bail till the filing of the appeal(s) and in the interest of
justice, one composite order for his release on bail during the disposal
of the appeals may also be passed herein.
Having regard to the totality of the facts and circumstances
of the case, and the fact that appellant/convict was on bail during trial of
the case and had not misused the concession, as well as his official
status, the sentence awarded by the learned trial court to the
appellant/convict is suspended during the pendency of this appeal by
this composite order and appellant/convict is admitted to bail on his
furnishing a Personal Bond in the sum of Rs. 1,00,000/- with one surety
of the like amount subject to the satisfaction of learned Trial Court with
the condition that in view of Section 148(1) of the NIAct read in view of
the recent judgment of the Hon'ble Supreme Court titled as Surender
Kumar Deswal Vs. Virender Gandhi, Criminal Appeal No. 917-944
of 2019, the appellant shall deposit 20% of the fine/compensation
amount in each case (19 appeals) within 60 days from today.
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The convict is allowed to furnish one common bail bond in all
the 19 cases (appeals) before the learned trial court
Re notify for arguments on 19.04.2022. at 12.00 noon
TCR be requisitioned from the learned trial court one day prior
to the NDOH.
A copy of this order be sent to the learned Trial Court for
information and necessary compliance.
Copy of the order be sent alongwith process to the
respondent no. 2 for information and necessary compliance.
As prayed, another copy of order be given dasti, as per
rules.
Order be up loaded on the official website.
It is certified that proceedings conducted through VC on CISCO
WEBEX meeting, the quality of audio and video was clear and
uninterrupted to the satisfaction of the participants.
(Anil Antil )
Addl. Sessions Judge-04,
New Delhi District, Patiala House Courts
New Delhi/22.01.2022
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