Bharatiya Nagarik Suraksha Sanhita, 2023
Section 430—Suspension of sentence pending appeal and release of appellant on bail—Conviction under Section 138 of the NI Act—When an Appellate Court suspends the sentence on a condition, then the failure to comply with that condition adversely affects the continuation of the suspension.
[Para 40]
Section 430—Suspension of sentence pending appeal and release of appellant on bail—Conviction under Section 138 of the NI Act—Right of bail cannot be taken away by the Appellate Court, where final adjudication of the appeal is pending, due to non-compliance with the direction of paying 20% of the compensation amount under Section 148 of the Act—Whenever an Appellate Court directs a deposit under Section 148 of the Act and imposes conditions on the suspension of sentence, such conditions must be just conditions.
[Para 51]
Negotiable Instruments Act, 1881
Section 148—Power to Appellate Court to order payment pending appeal against conviction—Imposition of condition to deposit 20% of compensation amount awarded by the trial court, is sustainable, while deciding the application for suspension of sentence in an appeal, when the judgment of conviction and order of sentence is still awaiting confirmation. [Bharatiya Nagarik Suraksha Sanhita, 2023, Section 430]
[Para 36]
Section 148—Power to Appellate Court to order payment pending appeal against conviction—Deposit of a minimum 20% amount is not an absolute rule and is subject to exceptions.
[Paras 72 & 74]
Section 148—Time limit to decide appeal—Whenever the deposits are expensive than the liberty, and the Appellate Courts are convinced that the convicts are not in a position to deposit and likely to forego their liberty even when the first appeal is yet to be decided, the Appellate Courts must make efforts to prioritize hearing appeals filed against the convictions under Section 148 NI Act and decide those preferably within sixty days of filing, and not later than ninety days, which clearly aligns with the legislators’ intentions—However, the time of sixty days should be extended to the extent to which the decision of the appeal is delayed because of the complainant.
[Para76]