Mumbai, February 21, 2024 – The Sessions Court for Greater Mumbai at Mazgaon granted bail to Shobha Manoj Gaikwad, a resident of Agripada, following her conviction in a cheque dishonour case under Section 138 of the Negotiable Instruments Act. The court considered that the appellant was on bail during the trial and had filed an appeal challenging her conviction.

Background of the Case:

Shobha Manoj Gaikwad, a 44-year-old housewife, was convicted by the trial court on January 2, 2024, for an offense under Section 138 of the Negotiable Instruments Act. She was sentenced to six months of simple imprisonment and ordered to pay Rs. 29,31,000 as compensation to Shri Gajanan Sahakari Patpedhi Mydt. Failure to pay the compensation would result in an additional six months of simple imprisonment. Gaikwad filed a criminal appeal (No. 74 of 2024) challenging the conviction and sought bail pending the appeal.

Arguments Presented:

Advocate Chaitanya Kotnis, representing Gaikwad, argued for bail, highlighting that his client was on bail during the trial and had filed an appeal challenging the conviction.

Additional Public Prosecutor (APP) Kishor Tadavi, representing the State, did not oppose the bail application.

No one appeared for Respondent No. 1, Shri Gajanan Sahakari Patpedhi Mydt.

Court’s Reasoning and Decision:

Judge K.P. Shrikhande, after hearing the arguments, noted that Gaikwad was on bail during the trial and had filed an appeal challenging the conviction. He also considered that the substantive sentence and the direction to pay compensation had been suspended.

“As the appellant was on bail during the period of trial, and as the appellant/accused No.1 has challenged the legality and propriety of the judgment of conviction by filing the appeal, and considering the same, as the substantive sentence and direction to pay compensation have been suspended, I am of the view that the appellant/accused No.1 can be released on bail,” Judge Shrikhande stated in his order.

Consequently, the court granted bail to Shobha Manoj Gaikwad, ordering her release upon furnishing a Personal Recognizance (PR) bond of Rs. 40,000 with a surety of the same amount.

The court directed Gaikwad to furnish the bail before the trial court within one month and allowed her to furnish provisional cash bail for one month.

Implications and Significance:

This ruling highlights the court’s consideration of the appellant’s status during the trial and the pendency of an appeal in post-conviction bail matters. The decision underscores that when a conviction is challenged and the sentence is suspended, bail can be granted pending the appeal.

The court’s decision also reflects a balanced approach, ensuring that the appellant’s rights are protected while also imposing conditions to ensure her appearance during the appeal process.

The order was dated February 8, 2024, typed on February 14, 2024, signed on February 20, 2024, and uploaded on February 21, 2024, at 11:30 a.m.