2011 (9) TMI 1226

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....trate No.3, Jaipur City, in Criminal Complaint No.146/2007, had been upheld. As per the record, the accused did not surrender before the Appellate Court at the time of pronouncement of judgment. Even in the certificate filed under Rule 311(3) of the Rules of Rajasthan High Court, the fact with regard to non surrender of the accused is reflected. Brief facts necessary for the purpose of this revision are, that non petitioner had filed a complaint to the effect that in consideration of the amounts borrowed by the accused petitioner, from time to time, he issued a cheque for Rs. 80,000/- bearing no.180280 of UCO Bank, Johri Bazar, Jaipur, in his favour on 31.12.2002. The cheque was presented in State Bank of Bikaner & Jaipur, Chanpole Ba....

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....ction 389 CrPC is reproduced as under:- 389. Suspension of sentence pending the appeal; release of appellant on bail. (1) Pending any appeal by a convicted person, the Appellate Court may, for reasons to be recorded by it in writing, order that the execution of the sentence or order appealed against be suspended and, also, if he is in confinement, that he be released on bail, or on his own bond. (2) The power conferred by this section on an Appellate Court may be exercised also by the High Court in the case of an appeal by convicted person to a court subordinate thereto. (3) Where the convicted person satisfies the court by which he is convicted that he intends to present an appeal, the court shall, - ....