Court Dismisses Min’s Application Seeking Suspension Of Sentence | Kanpur News


Kanpur: Special judge MP/MLA court Satyendra Nath Tripathi on Tuesday dismissed the application of MSME minister Rakesh Sachan seeking suspension of the sentence awarded by the lower court.
The court in its order observed that Sachan will have to deposit the fine slapped in the lower court by September 7. If he failed to deposit the fine in the stipulated time, the lower court would be free to initiate proceedings to realise recovery of the fine amount.
The court further observed in its order that regarding the question of suspension of the sentence, the applicant had not presented any ground in his appeal on which the sentence order of the lower court could be suspended. Hence, the application of the appellant for suspension of the sentence was being dismissed.
Appellant was present in the court. His team of counsels pressed the three applications filed earlier. In the first application, the appellant stated that the order passed by the lower court on August 8 was appealable.
The court had released Sachan on bail after furnishing two sureties and a personal bond of the like amount during admission of his appeal while he was on bail.
Sachan urged in his application that the sentence order passed by the lower court should be suspended till disposal of his appeal. He should remain on bail on the basis of sureties and personal bond submitted before the trial court and suspend execution of the sentence order passed by the lower court, he submitted. In the second application, Sachan submitted that his appeal had been admitted and the application under section 389 Cr P C was pending for disposal.
The applicant had submitted a bail application arguing that he should remain on bail till disposal of his appeal.
In another application he submitted that he was on bail during the trial and even after the final order was on bail. Since he had not misused the bail, therefore, he should be released on bail .The lower court in its order dated August 8 had held the appellant guilty and punished him with one year’s simple imprisonment and a fine of Rs 1500 the court observed in its order. if he failed to pay the fine then he would undergo another one month term in jail.
As the appellant had filed the appeal in due time limit, and there was no evidence on file that he had misused the bail, therefore, there were sufficient grounds to grant bail till the disposal of appeal, the court stated in its order.
To get bail, Sachan has to submit two sureties of Rs 25,000 each and a personal bond of the like amount to the satisfaction of the lower court. The bail will be cancelled if the appellant does not cooperate in the disposal of his appeal, the court said.

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