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Date of Decision: 28th October, 2014 Crl. M.B.993/2014 in CRL.A. 612/2014
ASHOK KUMAR PHULL ..... Appellant
Through: Mr K.B. Andley, Senior advocate with
Mr. Mohammed Shamikh, Advs.
Through: Ms. Jasbir Kaur, Additional Public Prosecutor for the State alongwith SI
Bupender Singh Police Station AC.
Branch .
JUDGMENT
Crl. M.B 993/2014 (for suspension of sentence)
1. This is an application for suspension of sentence and for release of the appellant on bail during the pendency of the appeal. The appellant has been convicted and sentenced as under:-
(i) RI for 2 years and fine of Rs.25,000/-, in default of payment of fine SI for 2 months u/s 120B IPC;
(ii) RI for 2 years and fine of Rs.25,000/-, in default of payment of fine SI for 2 months u/s 7 of PC Act read with Section 120B IPC and
(iii) RI for 3 years and fine of Rs.25,000/-, in default of payment of fine SI for 2 months u/s 13(i)(d) of PC Act punishable u/s 13(2) PC Act read with Section 120B IPC. 2014:DHC:5519 Crl.M.B.993/14 in Crl.A.612/2014
2. It is submitted that the appellant was on bail and after the passing of the conviction order, his sentence was suspended in order to enable him to file an appeal before this court. He had already deposited the fine. After the filing of the appeal, the interim order passed by the Trial Court was extended on the same terms and conditions. Under the circumstances, the interim order is confirmed till the disposal of the appeal, subject to the further condition that:-
(i) The appellant shall be released on furnishing personal bond in the sum of Rs.50,000/- with one surety in the like amount to the satisfaction of the Trial Court;
(ii) Deposit of fine shall be a condition precedent for release on bail;
(iii) The appellant shall not leave the country without the prior permission of this Court;
(iv) He shall surrender his passport with the Registrar of this Court;
(v) He shall furnish his address and contact number to the respondent and this Court and also inform in case of any change in his address;
(vi) He shall remain present in Court as and when the appeal is taken up for hearing. Application stands disposed of. Dasti under the signature of Court Master.
JUDGE OCTOBER 28, 2014 as