Mumbai, Maharashtra – July 19, 2022 – Rajesh Thandiram Jain and Mohit Rajesh Jain, directors of Adarsh Texfab Private Limited, have been granted bail by the Sessions Court for Greater Bombay in connection with an appeal against their conviction in a cheque dishonor case. Additional Sessions Judge Smt. A.B. Sharma (C.R. No. 39) granted the bail in Bail Application No. 1594 of 2022, filed in Criminal Appeal No. 386 of 2022.

The case stems from a judgment by the Metropolitan Magistrate, 6th Court, Mazgaon (Sewri), Mumbai, dated May 25, 2022, in C.C. No. 0602009/SS/2016. In that case, Rajesh Jain and Mohit Jain were convicted under Section 138 read with Section 141 of the Negotiable Instruments Act and sentenced to one year of simple imprisonment each. Adarsh Texfab Private Limited, along with the two individuals, was also directed to pay a compensation of ₹10,27,719, with a default sentence of three months of simple imprisonment.

Case Background and Court’s Reasoning:

The applicants, Adarsh Texfab Private Limited, Rajesh Thandiram Jain, Mohit Rajesh Jain, and the late Seema Rajesh Jain, had their sentences suspended under Section 389(1) of the Code of Criminal Procedure. They then filed a criminal appeal against the lower court’s judgment.

The applicants’ counsel argued that Rajesh and Mohit Jain had been on bail throughout the trial and that the trial court had suspended their sentences. They contended that the appeal would take time to be decided on merit, and therefore, the applicants were entitled to bail pending the appeal’s outcome.

“He submitted that the applicants / accused were on bail throughout the trial of the case and the learned Trial Court suspended the sentence. The applicants have challenged the impugned Order and Judgment by preferring an appeal and it will take its own time for the decision on merit. It is necessary till the decision of this appeal, the applicants / accused No. 2 and 3 are entitled to release on bail,” Judge Sharma stated.

Bail Conditions:

Judge Sharma granted bail to Rajesh Thandiram Jain and Mohit Rajesh Jain on the following conditions:

• Execution of a personal bond and surety bond of ₹15,000 each.
• Alternatively, permission to furnish a cash bail of ₹15,000 each.
• Bail to be processed before the learned Trial Court.
• The Trial Court to be informed accordingly.

The certified copy of the judgment was issued on July 19, 2022. This decision reflects the court’s consideration of the suspension of sentence, the pendency of the appeal, and the applicants’ prior bail status during the trial.