FIRST LAW

Negotiable Instruments Act, 1881 – Section 148 – Deposit of minimum of 25% of the fine or compensation awarded by the trial Court for suspension of sentence – Section 148 of the N.I. Act as amended, shall be applicable in respect of the appeals against the order of conviction and sentence for the offence under Section 138 of the N.I. Act, even in a case where the criminal complaints for the offence under Section 138 of the N.I. Act were filed prior to amendment Act No. 20/2018 i.e., prior to 01.09.2018. If such a purposive interpretation is not adopted, in that case, the object and purpose of amendment in Section 148 of the N.I. Act would be frustrated. Question of Law Whether the first appellate court is justified in directing the accused who have been convicted for the offence under Section 138 of the N.I. Act to deposit 25% of the amount of compensation/fine imposed by the trial Court, pending appeals challenging the order of conviction and sentence and while suspending th...

Criminal Procedure Code, 1973 - S. 389 - Suspension of sentence pending the appeal; release of appellant on bail -  The period of incarceration of the accused cannot be a ground for granting bail where the grant of bail is forbidden in law.