Interim Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Cr Rev No. 234/2024
HUKUM SINGH Vs. INDERVEER
21.11.2024
Fresh Criminal Appeal received by way of
assignment. It be checked and registered.
Present:- Sh. Ravindra Kumar Srivastava, Ld. Counsel for the
appellant along with appellant.
It is submitted by Ld. Counsel for the appellant that
the present appeal has been filed against the judgment dated
31.07.2024 and order on sentence dated 16.10.2024 vide which,
appellant was convicted for a period of 1 year u/s 138 NI Act and
directed to pay a fine of Rs. 10,00,000/- to the complainant.
It is further submitted that there was a delay of 1 day
in filing the present appeal.
Considering the submissions and it is settled law
that the Court has to take pragmatic approach while deciding the
application u/s 5 of Limitation Act. The delay is nominal for only
1 day. Hence, the application for condonation of delay is allowed
and delay of 1 day is condoned in filing the present appeal.
An application has been filed on behalf of appellant
u/s 389 Cr.P.C. for suspension of sentence and grant of bail. It is
submitted by Ld. counsel that the convict has good prima facie
case and appeal will take time and he remained on bail during
trial and that he has not misused the liberty.
Considering the same, the sentence of the appellant
passed vide order dated 16.10.2024 by Ld. MM, Shahdara is
suspended till the pendency of appeal and he is admitted to bail
on furnishing the personal bond in the sum of Rs. 20,000/- with
one surety of like amount.
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The accused submits that he has not brought the
surety today. He is directed to furnish the surety bond on
22.11.2024 subject to cost of Rs. 500/-. Cost deposited with
DLSA.
Put up for further consideration on 22.11.2024.
(Kumar Rajat)
ASJ-07/SHD/KKD Courts/Delhi
21.11.2024
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