Mumbai, May 6, 2024 – Narendra Kumar Mishra, a businessman, has been granted bail by the Sessions Court for Greater Mumbai at Mazgaon pending the outcome of his appeal against a conviction in a cheque dishonor case. Additional Sessions Judge K.P. Shrikhande (Court Room No. 87) issued the order on May 3, 2024.

Mishra was convicted by the trial court in C.C. No. 2800271/SS/2014 under Section 138 of the Negotiable Instruments Act, 1881, and sentenced to six months of simple imprisonment and a fine of Rs. 8,30,000, with an additional month of simple imprisonment in default of fine payment. He subsequently filed Criminal Appeal No. 229 of 2024 to challenge this conviction.

Background and Reason for Bail:

Mishra had been on bail during the trial. After being convicted, he filed an appeal challenging the legality and propriety of the trial court’s judgment. He then sought bail pending the appeal’s resolution.

Arguments Presented:

Advocate S.V. Vishwakarma represented Mishra.

Respondent No. 1, Ujjwal Narendra Jain (the original complainant), was not represented.

Additional Public Prosecutor (APP) Kishor Tadavi represented the State (Respondent No. 2).

Court’s Reasoning and Decision:

Judge Shrikhande noted that Mishra was on bail during the trial and had filed an appeal challenging his conviction. Considering that the substantive sentence of imprisonment and the fine had been suspended pending the appeal, the court deemed it appropriate to grant bail.

Bail Conditions:

Mishra was granted bail upon furnishing a personal bond of Rs. 30,000 with a surety of the same amount. The following conditions were imposed:

• Mishra must furnish the bail before the trial court within one month.
• Mishra was given the liberty to furnish cash security in lieu of a solvent surety.

Order Details:

The order was typed on May 4, 2024, and signed on a later date. The certified copy was uploaded on May 6, 2024, at 5:50 p.m.

This decision reflects the court’s consideration of the appeal process and the suspension of the sentence, allowing Mishra to remain on bail pending the resolution of his appeal.