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Home Criminal

NIA S. 148 – Bail – Suspension – Cancellation – 25% deposit not made as per order.

by PLRonline
November 20, 2021
in Criminal, Negotiable Instruments Act
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Negotiable Instruments Act, 1881 S. 148 –  Bail – Suspension – Cancellation -When suspension of sentence by the trial court is granted on a condition, non- compliance of the condition has adverse effect on the continuance of suspension of sentence – The Court which has suspended the sentence on a condition, after noticing non-compliance of the condition can very well hold that the suspension of sentence stands vacated due to non-compliance – The order of the Additional Sessions Judge declaring that due to non- compliance of condition of deposit of 25% of the amount of compensation, suspension of sentence stands vacated is well within the jurisdiction of the Sessions Court – It is for the Appellate Court who has granted suspension of sentence to take call on non-compliance and take appropriate decision – What order is to be passed by the Appellate Court in such circumstances is for the Appellate Court to consider and decide – However, non-compliance of the condition of suspension of sentence is sufficient to declare suspension of sentence as having been vacated.

2020 SCeJ 2313, 2020 PLRonline 22493

Tags: BailBail - cancellationBail - SuspensionNIA S. 148
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SURINDER SINGH DESWAL @ COL. S.S. DESWAL v. VIRENDER GANDHI , 2020 SCeJ 2313, 2020 PLRonline 22493

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