Mumbai, June 3rd, 2022 – The Sessions Court at Bombay has granted bail to Dhoomravarna Developers Private Ltd., and its directors, Yogesh Ramratan Sarda and Kavita Yogesh Sarda, who were convicted by a lower court in a cheque dishonor case. The court, presided over by Additional Sessions Judge Chitra Hankare, allowed the bail application, citing the pending appeal and the nature of the offense.
The applicants were convicted by the Metropolitan Magistrate, 23rd Court, Esplanade, Mumbai, in C.C.No.2121/SS/2014, for offenses punishable under Section 138 (dishonor of cheque) read with 141 (offences by companies) of the Negotiable Instruments Act.
The applicants, through their lawyer Ms. Khan of H & M Legal Associates, argued that the trial court erred in law and delivered a perverse judgment. They claimed that the Magistrate did not properly appreciate the evidence on record and that there were significant omissions and contradictions in the witness statements. They asserted that they had a strong case for appeal.
Judge Hankare, in her order, acknowledged the pending appeal and noted that the offenses fell under Section 138 read with 141 of the Negotiable Instruments Act. She emphasized that the appeal process would take time and that there was no benefit in keeping the applicants in custody during this period.
“The appeal will take its own time to ripe for final hearing. Nothing will gain by keeping the appellants behind bar,” Judge Hankare stated.
Consequently, the court granted bail to Yogesh Ramratan Sarda and Kavita Yogesh Sarda, subject to the following conditions:
- Personal Bond (P.R.) and Surety Bond: Each of them must execute a P.R. Bond of Rs. 15,000/- with a surety of the same amount.
- Bail Before Trial Court: The bail is to be furnished before the trial court.
The court’s decision highlights the common practice of granting bail to convicted individuals pending their appeals, particularly in cases involving financial offenses under the Negotiable Instruments Act. The appeal process will proceed in due course.