Mumbai, Maharashtra – May 10, 2022 – Mukesh Jethmalji Jain, a businessman, has been granted bail following his conviction in a cheque bounce case under Section 138 of the Negotiable Instruments Act. The Additional Sessions Judge, Jayshri R. Pulate, of the Sessions Court for Greater Mumbai, approved Jain’s bail application (Criminal Bail Application No. 1004 of 2022) after considering the bailable and compoundable nature of the offense, despite Jain’s absence at the trial court’s judgment.

Background of the Case:

Jain was convicted under Section 138 of the Negotiable Instruments Act, which deals with cheque bounce offenses. The trial court issued a conviction warrant against him as he was absent on the day of the judgment. Jain subsequently filed an application for condonation of delay in filing an appeal, which was allowed by the Sessions Court on the same day as the bail application hearing.

Arguments and Court Observations:

Mr. C.K. Mishra, representing Jain, argued for his release. Mrs. Komal B. Shah, representing the original complainant, Abhay Harilal Shah, presented the complainant’s stance.

Judge Pulate noted that the offense under Section 138 of the Negotiable Instruments Act is bailable and compoundable. However, she also acknowledged that Jain had misused the liberty granted to him by the trial court by remaining absent on the day of the judgment.

Despite Jain’s past conduct, the court concluded that keeping him in custody would serve no purpose.

“However, no purpose will be served by keeping the applicant/accused behind bar. Keeping in mind the past conduct of the accused, I am of the opinion that he is not entitled for the relief of provisional cash bail,” Judge Pulate stated in her order.

Bail Conditions:

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

• He must execute a fresh Personal Bond of Rs. 15,000 with one or two sureties of the same amount before the trial court.
• The bail is granted until further orders.

Significance of the Ruling:

This ruling highlights the court’s consideration of the nature of the offense and the accused’s conduct. While acknowledging Jain’s absence at the judgment, the court opted to grant bail, emphasizing that further custody would be unproductive.

Key Factors in the Bail Grant:

• The bailable and compoundable nature of the offense under Section 138 of the Negotiable Instruments Act.
• The court’s decision that further custody would serve no purpose.
• The fact that the delay in appeal was condoned.

Future Proceedings:

Jain’s appeal against his conviction will now proceed. The trial court will oversee the execution of the bail bonds. The case will proceed through the appeal process.