Mumbai, July 30, 2022 – Sameer Bhupendra Kapadia and Megha Sameer Kapadia, a convicted couple, have been granted bail pending the outcome of their criminal appeal. The Additional Sessions Judge S.U. Wadgaonkar granted bail, subject to a condition related to a prior monetary order.

The Kapadias were convicted, and they subsequently filed Criminal Appeal No. 419 of 2022. They then filed Bail Application No. 1812 of 2022, seeking bail during the pendency of their appeal.

Arguments and Court’s Decision:

Advocate Yashwardhan Tiwari, representing the Kapadias, argued that his clients had been on bail during the trial and that there was a possibility of their acquittal in the appeal. He requested that they be granted bail during the appeal process.

Advocate Debarati Nag, representing the respondent Deepak Prafulla Kumar Samal, 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. 1407 of 2022. Consequently, he found that the Kapadias were entitled to bail during the pendency of the appeal, subject to a condition.

Conditions of Bail:

Judge Wadgaonkar granted bail to the Kapadias on the following conditions:

• They must each execute a Personal Recognizance (PR) Bond of Rs. 15,000 with a solvent surety of the like amount.
• The bail would be cancelled if they fail to pay Rs. 2,50,000 as per the order passed in Miscellaneous Application No. 1407 of 2022.
• The bail is granted till the final disposal of the appeal.

Implications:

This decision allows the Kapadias to remain out of custody while their 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 their bail to their adherence to the monetary obligations previously imposed.