Mumbai, August 10, 2022 – Kishor Khushal Gharat, proprietor of M/s. Gharat Krishi Kendra, has been granted bail pending his appeal against a conviction under Section 138 of the Negotiable Instruments Act. The Sessions Court in Mumbai granted the bail in connection with Criminal Appeal No. 417 of 2022.

Background

The Metropolitan Magistrate, 33rd Court, Ballard Pier, Mumbai, convicted Gharat on June 28, 2022, for an offense under Section 138 of the Negotiable Instruments Act. He was sentenced to six months of simple imprisonment and ordered to pay compensation of Rs. 4,00,000 within one month, failing which he would face an additional two months of simple imprisonment.

Bail Application

Gharat filed an application under Section 389(1) of the Code of Criminal Procedure, seeking bail pending his appeal. His advocate argued that he had been on bail throughout the trial and requested that his existing cash bail of Rs. 5,000 be continued.

Court’s Observations and Decision

Additional Sessions Judge Smt. A.B. Sharma, presiding over the case, noted that Gharat’s substantive sentence had been suspended. Therefore, he was entitled to bail pending the appeal, subject to certain conditions.

“As the substantive sentence is suspended, the applicant / accused is entitled to release on bail on certain conditions,” Judge Sharma stated in the order.

Bail Conditions

Gharat was granted bail on a personal bond and surety bond of Rs. 15,000. Alternatively, he could be released on a cash bail of Rs. 15,000. The court also ordered that the trial court be informed of this decision.

Key Points

• Section 389(1) of CrPC: This section allows an appellate court to suspend the sentence of a convicted person and release them on bail pending the appeal.
• Negotiable Instruments Act, Section 138: This section deals with the offense of cheque dishonor.
• Cash Bail: The court allowed for a cash bail alternative, providing flexibility for the accused.
• Suspension of Sentence: Because the sentence was suspended the court granted bail pending appeal.

The court’s decision reflects the principle that a convicted person has the right to appeal and should not necessarily be kept in custody during the appeal process, especially when the sentence is suspended. The bail conditions aim to ensure the accused’s presence during the appeal proceedings.