Mumbai, September 14, 2022 – M/s. United Ship Repairs and Marine Works Pvt. Limited, along with its directors Raju Monohar Naik and Mridula Raju Naik, have been granted bail by Additional Sessions Judge Chitra R. Hankare. This decision comes during the pendency of their criminal appeal against a conviction under Section 138 read with 141 of the Negotiable Instruments Act, 1881.

Background:

The appellants were convicted by the Metropolitan Magistrate, 56th Court, Mazgaon, Mumbai, in C.C.No.219/SS/2020. They subsequently filed Criminal Appeal No. 410 of 2022 and sought bail during the appeal’s pendency.

Court’s Decision:

Judge Hankare, after hearing the arguments from both sides, granted the bail application. The court reasoned that since the offense was under Section 138 read with 141 of the Negotiable Instruments Act, 1881, there was no justifiable reason to keep the accused in custody during the appeal.

“The offence is punishable under section 138 r/w 141 of Negotiable Instruments Act, 1881. Nothing will gain by keeping the accused behind the bar. Hence, accused are entitled to grant bail,” Judge Hankare stated in her order.

Conditions of Bail:

The court ordered the release of the accused on the following conditions:

• Each of the accused (M/s. United Ship Repairs and Marine Works Pvt. Limited, Raju Monohar Naik, and Mridula Raju Naik) must execute a Personal Recognizance (PR) Bond of Rs. 15,000.
• Each must also provide a surety of the like amount.

Implications:

This decision reflects the court’s approach in dealing with bail applications during appeals in cheque dishonor cases. The court’s focus on the nature of the offense and the absence of a compelling reason for continued custody indicates a balanced approach to the accused’s right to liberty and the legal process. The court is following the standard procedure to grant bail during appeal in section 138 cases.