Hon'Ble Sharad Kumar Sharma vs Arvind Kumar
2023 Latest Caselaw 878 UK

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                                      C482 No.584 of 2023
                                      Hon'ble Sharad Kumar Sharma, J.

Mr. Pooran Singh Rawat, learned counsel for the applicant.

Mr. V.K. Gemini, learned Deputy Advocate General along with Ms. Mamta Bisht, learned Brief Holder for the State.

In a Criminal Complaint Case No.3375 of 2021, Shivani Bali Vs. Arvind Kumar Dubey", filed by respondent no.2 under Section 138 of the Negotiable Instruments Act, the present applicant was convicted to undergo a simple imprisonment of one month and a fine of ₹2,50,000/-, was imposed, but at the time when the trial Court has rendered the judgment an interim bail was granted on 28.02.2023.

The applicant preferred a Criminal Appeal No.28 of 2023, but he did not file any bail application in support thereto. Consequently, the Court has construed once the applicant has preferred an appeal, then obviously the effect of interim bail granted on 28.02.2023 would expire.

The counsel for the applicant submits that he has already filed a bail application on 23.03.2023 and the same is pending Criminal Appeal No.28 of 2023, but in the absence of there being any extension of the interim bail already granted on 28.02.2023, he is apprehending his arrest.

This C-482 application is being disposed of with a request to the Court of learned First Additional Sessions Judge, Kashipur, District

- Udham Singh Nagar to consider the bail application filed by the applicant in Criminal Appeal No.28 of 2023, Arvind Kumar Dubey Vs. Km. Shivani Bali" as expeditiously as possible, but not later than one month from the date of production of a certified copy of this order.

Till the bail application is considered, within the aforesaid time period, the interim bail granted on 28.02.2023 will remain extended till then.

Subject to the aforesaid, the C482 application stands disposed of.

Let a certified copy of this order be supplied, today itself, to the learned counsel for the parties on payment of usual charges.

(Sharad Kumar Sharma, J.) 31.03.2023 Sukhbant