Mumbai, April 12, 2025 (Mazgaon Court Desk): The Sessions Court for Greater Mumbai, sitting at Mazgaon, has granted bail to Awadesh Girijakant Mishra, a 47-year-old man who was recently convicted in a cheque dishonour case under Section 138 read with Section 141 of the Negotiable Instruments Act. The bail was granted on March 6, 2024, while Mishra’s appeal against the conviction is pending before the same court.

Mishra, along with another accused, was convicted by the trial court on June 15, 2023, and sentenced to four months of simple imprisonment each. Additionally, they were jointly directed to pay a compensation of ₹ 4,00,000/- to the complainant, Omkarnath Rajaram Singh, with a default sentence of two more months of simple imprisonment if the compensation was not paid.

Mr. Rajesh Katarnavare, the learned advocate representing the applicant Mishra, argued for bail, highlighting that his client was on bail throughout the trial. He further submitted that Mishra has challenged the legality and propriety of the conviction judgment by filing a criminal appeal (No. 144 of 2024).

Mr. Mangesh Mumbarkar, the learned advocate for the respondent No. 1 (original complainant), and Mr. Kishor Tadavi, the learned Additional Public Prosecutor representing the State of Maharashtra (respondent No. 2), were also present during the hearing before His Honour Additional Sessions Judge K. P. Shrikhande in Court Room No. 87.

After hearing the arguments from both sides, the Additional Sessions Judge considered the fact that Mishra was on bail during the trial period and that he has filed an appeal challenging the conviction. Notably, the substantive sentence of imprisonment and the direction to pay compensation have been suspended pending the appeal. Taking these factors into account, the court was of the view that the appellant/accused No. 3 could be released on bail.

Consequently, the court passed the following order:

ORDER

1. Criminal Bail Application No. 393 of 2024 is allowed.
2. The appellant/accused No. 3 Awadesh Girijakant Mishra shall be released on bail upon executing a Personal Recognizance (P.R.) bond of ₹ 20,000/- (Rupees Twenty Thousand) with a surety of a like amount.
3. The appellant/accused No. 3 is directed to furnish the bail before the trial Court within one month from the date of the order.
4. Liberty is granted to the appellant/accused No. 3 to furnish provisional cash bail of ₹ 20,000/- for a period of one month, pending the arrangement of a surety.
5. Criminal Bail Application No. 393 of 2024 is disposed of accordingly.

The order was pronounced on March 6, 2024, and the certified true copy of the signed judgment/order was uploaded on the court’s record on March 7, 2024. The granting of bail provides temporary relief to Mishra while his appeal against the conviction is being heard by the Sessions Court. The final outcome of the appeal will determine the future course of this legal matter.