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2018 (5) TMI 2027 - HC - Indian LawsDishonor of Cheque - insufficiency of funds - case of applicant is that the order is against the statutory provision of law and realization of fine ought to have been stayed by the Appellate Court during the pendency of the appeal specially when the bail has been granted to the applicant - HELD THAT:- It is evident that the Appellate Court may impose a condition while suspending the sentence, however, the power of imposing conditions is discretionary and the Court while suspending the sentence can always direct the applicant to deposit fine in the court but the amount of such condition must not be unreasonable, onerous and unjust so as to deprive the applicant from being released on bail. Admittedly, in the present case, the applicant has been convicted under Section 138 of Negotiable Instruments Act and in the circumstances of the case, he would be ordinarily granted bail during the trial in view of the facts that the offence is bailable. Even during the course of trial, he has been on bail, therefore, while exercise of appellate power, a person must not be made to suffer by imposing such condition for being released on bail, which may be onerous - In the case in hand, although the applicant has been directed to be released on bail but a pre-condition has been imposed to deposit 1/4th of amount of the fine of ₹ 75,00,000/- for suspension of sentence, which appears to be onerous and harsh. Pre-condition to deposit 1/4th of amount of the fine of ₹ 75,00,000/- for being released on bail being onerous and harsh is liable to be modified to the extent of only 10% of the fine of ₹ 75,00,000/- imposed by the appellate Court - Application allowed in part.
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