Biswajit Palit, J
Learned counsel for the petitioner, Mr. S. Lodh is present. Learned counsel for the respondent No.1, Mr. R. Saha is present and Learned P.P., Mr. Raju Datta is present for the State.
Seen the report of Chief Judicial Magistrate, North Tripura, Dharmanagar. It has been informed that the convict-petitioner in compliance with the direction of the Court 24.01.2024 in I.A.No.01 of 2023 has not deposited 20% of the fine amount. In the said report, it has been further informed by Chief Judicial Magistrate, that the petitioner in Crl.Appl.No.03 of 2020 has deposited 20% of the fine amount before the Court of Learned Sessions Judge, North Tripura, Dharmanagar.
From the record of the Learned Sessions Judge, North Tripura, Dharmanagar it appears that the convict-petitioner has already deposited an amount of Rs.2,00,000/-before the Court of Learned Sessions Judge, North Tripura, Dharmanagar on 02.11.2021 in pursuance of the judgment passed by the High Court of Tripura dated 02.09.2021 in connection with Crl.Appl.No.19 of 2021. However, at the time of hearing on 24.01.2024 of the connected I.A., the Learned counsel for the petitioner could not satisfy as to whether 20% of the fine amount was deposited or not by the petitioner before the Court of Sessions Judge, North Tripura, Dharmanagar. Accordingly, a direction was given to the petitioner to deposit 20% of the fine amount before the Court of Learned Chief Judicial Magistrate, North Tripura, Dharmanagar with a further direction that the sentence shall remain suspended till the next date subject to the execution of bail bond of Rs.50,000/- with one surety of the like amount by the petitioner to the satisfaction of Learned Chief Judicial Magistrate, North Tripura, Dharmanagar. But, as the petitioner in pursuance of the aforesaid order did not deposit the amount to the Court of Learned Chief Judicial Magistrate, so, Learned Chief Judicial Magistrate could not accept his bail bond in absence of the fine amount. So, Learned Chief Judicial Magistrate submitted a report narrating the aforesaid facts.
Since, the matter is pending for adjudication and the petitioner has already deposited an amount of Rs.2,00,000/-before the Court of Learned Sessions Judge, North Tripura, Dharmanagar in pursuance of Section 148(1) of N.I. Act, so, further direction upon the petitioner to deposit the same amount would not be appropriate at this stage. So, the petitioner is accordingly exempted from deposit of further amount of Rs.2,00,000/- i.e. 20% of fine amount till disposal of the present Criminal Revision Petition before the Court of Learned Chief Judicial Magistrate as ordered earlier.
However, the petitioner be asked to execute bail bond of Rs.50,000/- with one surety of the like amount to the satisfaction of Learned Chief Judicial Magistrate, North Tripura, Dharmanagar and the sentence awarded be suspended till disposal of the present Criminal Revision Petition.
A copy of this order accordingly be communicated to Learned Chief Judicial Magistrate, North Tripura, Dharmanagar for information and compliance and also a copy of this order be supplied to Learned counsel for the petitioner free of cost.
At this stage, at the request of Learned counsel for the petitioner, list the matter on 17.05.2024 for hearing.
The case is adjourned today.
