Mumbai, September 21, 2022 – Sanjay Prakash Khimavat, convicted in CC No. 6659/SS/2019, has been granted bail pending the outcome of his criminal appeal. The Additional Sessions Judge S.U. Wadgaonkar granted bail, subject to a condition related to a prior monetary order.

Khimavat was convicted, and he subsequently filed Criminal Appeal No. 527 of 2022. He then filed Bail Application No. 1811 of 2022, seeking bail during the pendency of his appeal.

Arguments and Court’s Decision:

Advocate Solaskar, representing Khimavat, argued that his client had been on bail during the trial and that there was a possibility of his acquittal in the appeal. He requested that he be granted bail during the appeal process.

Advocate Rahul Chaubey, representing the respondent Nayan A. Shah, opposed the application, seeking its rejection.

Judge Wadgaonkar noted that the execution of the sentence had been suspended pursuant to an order passed in Miscellaneous Application No. 1406 of 2022. Consequently, he found that Khimavat was entitled to bail during the pendency of the appeal, subject to a condition.

Conditions of Bail:

Judge Wadgaonkar granted bail to Khimavat on the following conditions:

• He must execute a Personal Recognizance (PR) Bond of Rs. 15,000 with a solvent surety of the like amount.
• The bail would be cancelled if he fails to pay Rs. 2,08,000 as per the order passed in Miscellaneous Application No. 1406 of 2022.
• The bail is granted till the final disposal of the appeal.

Implications:

This decision allows Khimavat to remain out of custody while his appeal is being heard. The court’s decision to grant bail, subject to the condition of paying the ordered amount, indicates a balance between allowing the appeal process to proceed and ensuring compliance with prior court orders. The inclusion of the payment condition links the continuation of his bail to his adherence to the monetary obligations previously imposed.