BA 1061-2022
1
18.5.2022
IN THE COURT OF SESSIONS, AT BOMBAY
BAIL APPLICATION NO. 1061 OF 2022
IN
CRIMINAL APPEAL NO.255 OF 2022
IN
C.C.NO.2121/SS/2014
1.Dhoomravarna Developers Private Ltd.
2.Yogesh Ramratan Sarda
3.Kavita Yogesh Sarda
Versus.
1.State of Maharashtra
2) M/s. Samvrudhi Properties
Pvt. Ltd.

)
)
)
Appellants.
(Org.Accused)
..Respondents.

Ms.Khan h/f H & M Legal Associates, Ld. Advocate for the appellant.
None for respondent No.2.
CORAM: HHJ SMT CHITRA HANKARE
DATE: 18.5.2022
C.R.NO.10
ORDER
1.

The applicants have filed application for seeking bail.

The
applicants are convicted by order dated 5.4..2022 passed by the by Ld
Metropolitan
Magistrate,
23rd
Court,
Esplanade,
Mumbai
in
C.C.No.2121/SS/2014, for the offence punishable under Section 138 r/w
141 of Negotiable Instrument Act.
2.

It is contended by the applicants that trial court has erred in law and
perverse in convicting the appellants. Ld Magistrate has not properly
BA 1061-2022
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18.5.2022
appreciated the evidence on record. There are vital omission and
contradiction in statement of witnesses. They have good case in hand.
Hence they prayed to release to appellants on bail.
3.

Heard both advocates. Perused impugned order. The offence is
punishable under section 138 r/w 141 of Negotiable Instrument Act. The
appeal will take its own time to ripe for final hearing. Nothing will gain by
keeping the appellants behind bar. Looking to the aforesaid circumstances
appellants are entitled to grant bail Thus, I proceed to pass the following
order:­
ORDER
Bail Application No. 1061 OF 2022 is hereby allowed.
Appellant No.2 Yogesh Ramratan Sarda No.3 Kavita Yogesh
Sarda are released on bail on furnishing P.R.Bond of
Rs.15000/­ (Rs.Fifteen Thousand Only) each with the surety
in the like amount.
Bail before trial court.

Date : 18.5.2022
Dictated on : 18.5.2022
Typed on : 20.5.2022
Signed on : 23.5.2022
( CHITRA HANKARE )
Additional Sessions Judge
Gr.Mumbai
BA 1061-2022
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18.5.2022
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
03.06.2022 10.45 a.m.
UPLOAD DATE AND TIME
(V. S. Shinde )
NAME OF STENOGRAPHER
Name of the Judge (With Court
room no.)

SMT.C.R.HANKARE
(C.R. No.10)
Date
of
Pronouncement
JUDGMENT/ ORDER
18.05.2022
of
JUDGMENT/ORDER signed by P.O. 23.5.2022
on
JUDGMENT/ORDER uploaded on
03.06.2022