Mumbai, April 27, 2022 – The Additional Sessions Judge Jayshri R. Pulate extended the bail of Rajnath Kisan Desai and M/s. Ajinkya Construction in a cheque dishonor case pending their criminal appeal. The court cited the bailable and compoundable nature of the offense under Section 138 of the Negotiable Instruments Act and the applicants’ compliance with bail conditions during the trial.

Desai and M/s. Ajinkya Construction were convicted in a case filed by Ms. Vadilal Shah & Company under Section 138 of the Negotiable Instruments Act (dishonor of cheque). They subsequently filed Criminal Appeal No. 199 of 2022 and sought an extension of their bail through Criminal Bail Application No. 907 of 2022.

During the hearing, Advocate Shankar Shiva Parab appeared for the applicants, Advocate Sayali Belose for respondent No. 1 (Ms. Vadilal Shah & Company), and Special Public Prosecutor (SPP) Sanjana Sharma for respondent No. 2 (State of Maharashtra).

Judge Pulate noted that the offense under Section 138 of the Negotiable Instruments Act is bailable and compoundable. The court also observed that the applicants were on bail during the trial and had not misused the liberty granted to them by the trial court.

“Offence punishable u/s. 138 of the Negotiable Instruments Act is bailable and compoundable. The applicants were on bail during the trial and it is not the contention of Learned Advocate for respondent No.1 that he misused the liberty granted to him by Trial Court,” Judge Pulate stated in her order.

The court also acknowledged the submission by both advocates that the applicants were released on bail by the trial court on a personal bond of Rs. 15,000 with a surety of the same amount.

“It is submitted by both the Advocates that applicants/accused was released on bail by trial Court on executing P.R. Bond of Rs.15,000/- with surety of like amount,” Judge Pulate noted.

Considering these factors, the court decided to extend the applicants’ bail until further orders.

“Learned Advocate for the applicants prayed for continuation of the said bail order. Resultantly, I pass following order,” Judge Pulate stated.

Consequently, the court ordered that the applicants be released on the personal bond of Rs. 15,000 with a surety of the same amount, as furnished before the trial court, until further orders.

“Applicants/original accused is released on Personal Bond of Rs. 15,000/- (Rs. Fifteen Thousand Only/-) with surety of like amount, furnished before the trial Court, till further order,” Judge Pulate ordered.

The Criminal Bail Application No. 907 of 2022 in Criminal Appeal No. 199 of 2022 was disposed of accordingly. The order was directly dictated on the computer and signed on April 27, 2022, and uploaded at 5:30 PM on the same day, as certified by stenographer Ms. Ujwala J. Bhagat.

This ruling highlights the judiciary’s approach in considering the nature of the offense and the conduct of the accused during the trial when deciding bail applications, particularly in cases under the Negotiable Instruments Act. It also underscores the court’s role in ensuring the continuation of bail during the pendency of appeals.