Court No. - 44
Case :- APPLICATION U/S 482 No. - 18778 of 2018 Applicant :- Hirdesh Budholiya Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Sunil Kumar Srivastava,Deepanshu Shrivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Prabhakhar Pandey, Advocate, holding brief of Mr.
S.K. Srivastava, learned counsel for the applicant and the learned A.G.A. for the State.
This application under section 482 Cr. P. C. has been filed challenging the order dated 12.01.2018 passed by the Sessions Judge, Jhansi, in Criminal Appeal No. 7 of 2018 (Hirdesh Budholiya Vs. State of U.P.), under section 138 N.I. Act, P.S. Nawabad, District Jhansi.
From the perusal of the order dated 17.1.2018 passed by the Court below, it appears that the applicant was convicted, vide judgement and order dated 19.12.2017, whereby the applicant was sentenced for a term of six months simple imprisonment along with a fine of Rs. 6,00,000/-. In appeal preferred by the applicant against the judgement and order dated 19.1.2017, the Appellate Court passed the order dated 17.01.2018, whereby the present applicant has been released on bail. Furthermore, the Court below has directed the applicant to deposit a sum of Rs. 4,50,000/- within a period of one week from 17.1.2018.
Learned counsel for the applicant submits that the applicant is ready to comply with the conditions imposed in the order dated 17.1.2018.
Considering the bona fide of the applicant, it is hereby provided that the direction issued by the Court below directing the appellant-applicant to deposit a sum of Rs. 4, 50, 000/- shall be payable by the present applicant on or before 30.6.2018. In case of default, it will be open to the Court below to reject the bail application of the applicant on account of default in compliance of this order as well as the earlier order dated 17.1.2018 passed by the Court below. It may be noted here that the controversy otherwise is no longer res integra. The Apex Court in the case of Satyendra Kumar Mehra vs. State of Jharkhand, reported in 2018 (5) Scale, 109, has categorically held that irrespective of the provisions contained in section 357 Cr. P. C., the Court can direct the deposit of the fine.
With the aforesaid directions, the present criminal misc. application stands finally disposed of.
Order Date :- 29.5.2018 HSM