Mumbai, Maharashtra – June 3, 2022 – Kavita Yogesh Sarda, convicted under Section 138 of the Negotiable Instruments Act for cheque dishonor, has been granted bail by the Sessions Court in Bombay, pending the hearing of her appeal. The court, presided over by Additional Sessions Judge Chitra Hankare, granted bail, considering the nature of the offense and the likely duration of the appeal process.

Sarda was convicted by the Metropolitan Magistrate, 23rd Court, Esplanade, Mumbai, in C.C.No.1560/SS/2014, and filed Criminal Appeal No. 252 of 2022.

Applicant’s Arguments for Bail:

Ms. Khan, representing Sarda, argued that the trial court erred in convicting her. She contended that the Magistrate did not properly appreciate the evidence on record and that there were significant omissions and contradictions in the witnesses’ statements. Sarda asserted that she had a strong case for appeal and requested to be released on bail.

Court’s Observations and Decision:

Judge Hankare reviewed the impugned order and heard the arguments from the applicant’s counsel. The court noted that the offense fell under Section 138 read with 141 of the Negotiable Instruments Act. Given the likely duration for the appeal to reach a final hearing, the court determined that there was no justification for keeping Sarda in custody.

The court concluded that Sarda was entitled to bail, considering the circumstances of the case.

Bail Conditions:

The court granted bail to Sarda, subject to the following conditions:

• Sarda must furnish a Personal Recognizance (P.R.) bond of Rs. 15,000.
• Sarda must provide a surety of the same amount.
• Bail must be furnished before the trial court.

Outcome:

The court’s decision reflects a consideration of the nature of the offense, the appellant’s arguments regarding the trial court’s errors, and the likely duration of the appeal process. By granting bail, the court balances the need to uphold the law with the appellant’s right to liberty pending the outcome of her appeal. The conditions imposed aim to ensure Sarda’s cooperation with the legal process while allowing her to be released.