Mumbai, April 19, 2024 – Devendra Shivaji Palodia @ Shah, proprietor of M/s. Milan Steel, has been granted bail by the Sessions Court for Greater Mumbai pending the outcome of his criminal appeal. Additional Sessions Judge K.P. Shrikhande (Court Room No. 87) issued the order on April 2, 2024.

Palodia was convicted by the trial court in C.C. No. 40/SS/2020 for an offense under Section 138 of the Negotiable Instruments Act (cheque dishonor). He was sentenced to two months of simple imprisonment and ordered to pay Rs. 7,68,767 as compensation to the complainant within 30 days, with an additional month of simple imprisonment in default of payment.

Background:

Palodia was convicted by the trial court on February 7, 2024, and subsequently filed Criminal Appeal No. 161 of 2024 to challenge his conviction and sentence. He then filed Criminal Bail Application No. 623 of 2024 seeking bail pending the appeal’s resolution.

Arguments Presented:

Advocate Manish Dubey, representing Palodia, filed the bail application.

No one appeared for Respondent No. 1 (Jigar Mahendra Dedhia).

Additional Public Prosecutor (APP) Kishor Tadavi, representing the State, was present.

Court’s Reasoning and Decision:

Judge Shrikhande noted that Palodia was on bail throughout the trial. He also considered that Palodia had challenged the trial court’s judgment by filing an appeal and that the substantive sentence of imprisonment and the order to pay compensation had been suspended.

Based on these factors, the court decided to grant Palodia bail pending the appeal.

Bail Conditions:

Palodia was granted bail upon executing a personal bond of Rs. 20,000 with a surety of the same amount. The following conditions were imposed:

• Palodia must furnish the bail before the trial court within one month.
• Palodia is granted the liberty to furnish provisional cash bail for one month.

Order Details:

The order was typed on April 6, 2024, and signed on April 19, 2024. The certified copy was uploaded on April 19, 2024, at 5:45 p.m.

This decision reflects the court’s consideration of Palodia’s conduct during the trial, the filing of an appeal, and the suspension of the substantive sentence.