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2019 ACD 399 (BOM)
::(2019) 3 BomCR(Cri) 211
Bombay High Court
Hon'ble Judge(s):
Mridula Bhatkar
, J
(A) Negotiable Instruments Act (26 of 1881) , S.138, S.148— (as amended by 2018 Act) - Dishonour of cheque - Appeal against conviction - Directions to accused to deposit 25% of compensation amount with condition that if he fails to comply with directions his bail order may be cancelled or his appeal will not be entertained - Not proper - His right to appeal or liberty cannot be taken away while imposing conditions - Condition modified to deposit of 20% with condition that if it is not deposited within stipulated time 18% interest be imposed on accused. AIR 2008 SC 899, Relied on. The criminal Courts have powers to impose various conditions at the time of granting bail, in the trial and also at the appellate stage. In appeal, the accused is not innocent but he is held guilty by the first Court. Thus, though his liberty is to be protected, simultaneously, the Court's powers to do justice to the complainant at the same time cannot be shadowed. The appellate Court hence to strike balance of these two circumstances by adopting a reasonable view. The provision of S. 148 is in consonance with the power vested with the appellate Court which can impose some conditions at the time of granting bail or at the time of admission of appeal. However, the right to appeal and his liberty cannot be taken away but to be protected by applying the principle of reas....
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