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(2023) Law Today Live Doc. Id. 18107
Decided on: 05.05.2023
Appearance:
Through Jail for the Applicant(s) No. 1
for the Respondent(s) No. 2,3,4
Mr Manan Mehta, APP for the Respondent(s) No. 1
Negotiable Instruments Act, 1881 (26 of 1881), Section 138 -- Parole leave for filing appeal -- Conviction in 13 case u/s 138 of NI Act for 1 year each -- Applicant has undergone approximately 09 months incarceration -- Applicant directed to be released on parole leave in all the offences for a period of 30 Days – Prior to release, the applicant shall deposit an amount of Rs.10,000/- with the jail authorities -- In case the applicant surrenders in time, the said amount shall be refunded to the applicant.
(Para 3-5)
ORDER
NIKHIL S. KARIEL, J. –
1. Rule. Learned APP waives service of Rule on behalf of the respondent-State.
2. Learned APP has also tendered a copy of statement of the applicant recorded from the jail.
3. By way of this application the applicant convict prays for being released on parole leave for the purpose of preferring an appeal against order of conviction.
4. Jail remarks would show that the applicant has been convicted on 13 different counts for offence punishable under Section 138 of the Negotiable Instruments Act and sentenced to one year imprisonment in each of the 13 matters. Jail remarks would further show that the applicant has undergone approximately 09 months incarceration and that the applicant has never been released during the period of incarceration. This Court has also considered the statement of the applicant i.e. he is ready and willing to deposit an amount of Rs.10,000/- with the jail authority which amount would stand as surety for the release of the applicant.
5. Considering the above, the applicant is directed to be released on parole leave in connection with all the offences for a period of 30 Days (Thirty Days) from the date of his actual release on executing personal bond of Rs.10,000/- (Rupees Ten Thousand) before the Jail authority and on usual terms and conditions as may be imposed by the Jail Authority. Prior to release, the applicant shall deposit an amount of Rs.10,000/- with the jail authorities and whereas the said amount shall remain as surety for the applicant to surrender in time. It is clarified that in case the applicant surrenders in time, the said amount shall be refunded to the applicant and whereas in case the applicant surrenders late or absconds, the said amount shall be forfeited by the jail authorities. The applicant shall mark his presence before the Pradyumannagaar Police Station on the 10th and 20th day of his release.
6. The applicant convict shall surrender before Jail Authority on completion of parole leave, without fail. Rule is made absolute to the aforesaid extent.
7. Registry is directed to communicate this order to the concerned jail authorities by fax/email forthwith.
Order accordingly.
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