Mumbai, Maharashtra – February 29, 2024 – Sapna Vasanthkumar Shetty and Boja Vasanthkumar Shetty have been granted bail by the Sessions Court for Greater Mumbai at Mazgaon, after being convicted in a cheque dishonour case.

Background of the Case:

The Shettys were convicted by the trial court on January 6, 2024, under Section 138 of the Negotiable Instruments Act. They were sentenced to one year of simple imprisonment each and fined Rs. 8,00,000 each, with an additional six months of simple imprisonment in case of default. They subsequently filed a criminal appeal (No. 90 of 2024) challenging their conviction.

Arguments Presented:

The Shettys, through their advocate Vinay V. Vyas, argued that:

• They were on bail during the trial.
• They had challenged the trial court’s judgment of conviction by filing an appeal.
• The substantive sentence of imprisonment and the sentence of fine had been suspended.

The prosecution, represented by Additional Public Prosecutor (Addl. P.P.) Kishor Tadavi, did not oppose the bail application. Respondent No. 2, Kotak Securities Limited (the original complainant), was not present.

Court’s Decision and Rationale:

Additional Sessions Judge K.P. Shrikhande granted bail to the Shettys. The court considered the following factors:

• Bail During Trial: The Shettys had been on bail during the trial.
• Pending Appeal: They had filed an appeal challenging their conviction.
• Suspension of Sentence: The substantive sentence of imprisonment and the sentence of fine had been suspended.

The court concluded that, considering these factors, the Shettys could be released on bail pending the outcome of their appeal.

Bail Conditions Imposed:

The court granted bail to Sapna Vasanthkumar Shetty and Boja Vasanthkumar Shetty on the following conditions:

• Personal Bond and Surety: They must each execute a personal bond of Rs. 25,000 with a surety of the same amount.
• Bail Execution: They must furnish bail before the trial court within one month.
• Cash Bail Option: They were given the liberty to furnish cash bail in lieu of surety.

Significance of the Decision:

This decision illustrates the court’s approach to granting bail to convicted individuals pending the outcome of their appeals. The court’s decision to grant bail reflects its recognition of the appellants’ right to challenge their conviction and the suspension of their sentence. The court also provided a reasonable time frame for the accused to provide surety, or cash bail, and to execute the bail before the trial court. This decision is in line with the general practice of granting bail in cheque dishonour cases where the sentence has been suspended and an appeal is pending.