Caveat in crminal case

can convicted party get bail on the spot bail against an order for criminal case under negotiable instrument act 138 in metropolitan magistrate court it self if so how much penalty he has to pay to the court my bounced cheque amount is rs.27 lakhs

Hi Mehmood,

Yes it is provisioned in the law, when an accused is conviction is for less than 3 years imprisonment sentence passed by the Metropolitan Magistrate . The sentence shall be suspended for 30 days by the Magistrate, upon filing an application by the convicted party  immediately.  The convicted party either has to provide fresh sureties or personal bond as directed by the Magistrate. Additionally, penalty /fine amount, if any, has to be paid up. Then convicted party shall go home without being sent to prison.

However, the convicted party has to appeal against the order in the Sessions Court within 30 days (not one month) and has to apply for (a) bail and (b) stay of the trial court's order. Fresh sureties is adviced to furnished everytime, so as to save time for procedures.

You may refer to CrPC Section 389 , subsection 3.