Mumbai, October 18, 2022 – Devang Chimanlal Parekh, a businessman convicted in a cheque dishonor case, has been granted bail pending the outcome of his appeal. Additional Sessions Judge S.C. Jadhav granted bail, considering the nature of the offense and the anticipated time for the appeal to be heard.

Parekh, proprietor of Subham Traders, was convicted by the Metropolitan Magistrate, 56th Court, Mazgaon (Sewri), Mumbai, in C.C.No. 5603401/SS/2018 for an offense punishable under Section 138 of the Negotiable Instruments Act, 1881. He subsequently filed a criminal appeal against the conviction.

Defense Arguments and Court’s Observations

Parekh’s defense argued that the offense was under Section 138 of the Negotiable Instruments Act, a relatively less severe offense. They also highlighted that the appeal process would take considerable time and that keeping Parekh in custody during this period would serve no purpose. Furthermore, they pointed out that Parekh had been on bail during the trial.

The court, after reviewing the impugned order and hearing arguments from both sides, noted that:

• Nature of Offense: The offense was under Section 138 of the Negotiable Instruments Act, 1881.
• Appeal Delay: The appeal process would take time to reach its final hearing.
• No Benefit in Detention: Keeping Parekh in custody during the appeal process would not serve any purpose.
• Bail During Trial: Parekh had been on bail during the trial.

Reasons for Granting Bail

The court granted bail based on:

• The nature of the offense under the Negotiable Instruments Act.
• The anticipated delay in the appeal process.
• The fact that Parekh was on bail during the trial.

Conditions of Bail

Parekh was granted bail on the following conditions:

• He must execute a personal bond of Rs. 15,000.
• He must provide a surety of Rs. 15,000.

Implications and Future Proceedings

The granting of bail pending appeal underscores the court’s consideration of the nature of the offense and the practicalities of the appeal process. The court’s decision also reflects the principle that bail should be granted unless there are compelling reasons to deny it. The appeal will proceed, and the court will eventually make a final determination on Parekh’s conviction. This decision reflects the courts careful consideration of facts and circumstances in criminal proceedings.