2021 (6) TMI 295 - HC - Indian Laws

Grant of Bail - Dishonor of Cheque - offences under Sections 138 and 141 of Negotiable Instruments Act - HELD THAT - The fact remains that there are arguable points involved in this criminal revision petition and further the criminal revision petition is not likely to be taken up for final hearing in the near future and as such, this court is of the considered view that the petitioners herein are entitled to the relief of grant of suspension of sentence. The petitioners are directed to be enlarged on bail on condition that they shall execute a bond for a sum of ₹ 10,000/- with two sureties each for a like sum to the satisfaction of the Judicial Magistrate-II, Fast Track Court, Coimbatore - Petition allowed.

Summary

Issues:
1. Application to suspend the sentence of imprisonment and enlarge the petitioner on bail.
2. Application to exempt the petitioners from surrendering before the Trial Court.

Analysis:
1. The case involved two applications - CRL. M.P. No. 5841 of 2021 sought to suspend the sentence of imprisonment and enlarge the petitioner on bail pending the revision petition. The petitioners were convicted under the Negotiable Instruments Act and sentenced to imprisonment and compensation. The counsel for the petitioners argued that the second petitioner was innocent and falsely implicated, highlighting infirmities and contradictions in the prosecution's case. On the other hand, the Additional Public Prosecutor contended that the trial court's conviction was justified, with sufficient evidence against the petitioners. After considering the arguments and evidence, the court found arguable points in the revision petition, leading to the suspension of the substantive sentence of imprisonment under certain conditions.

2. The second application, CRL. M.P. No. 5844 of 2021, requested the petitioners' exemption from surrendering before the Trial Court due to the pandemic situation. This application was allowed by the court, considering the circumstances. The court directed the petitioners to execute a bond with sureties, affix photographs and thumb impressions, and provide identity documents. Additionally, the petitioners were required to appear before the trial Court monthly until the revision petition's disposal, with provisions for alternative appearances if unable to attend on a scheduled day. The court's decision reflected a balance between the petitioners' rights and the legal process, taking into account the ongoing pandemic challenges and the merits of the case.