Mumbai, March 26, 2024 – The Sessions Court for Greater Mumbai, at Mazgaon, has granted bail to Anurag Khemka, who was convicted in yet another separate cheque dishonor case, pending the outcome of his appeal. Additional Sessions Judge K.P. Shrikhande, presiding over Court Room No. 87, allowed Khemka’s bail application (Criminal Bail Application No. 600 of 2024), considering that his substantive sentence of imprisonment and fine had been suspended.

This case is distinct from Criminal Bail Applications No. 596, 597, 598, and 599 of 2024, although it involves the same parties and similar circumstances.

Khemka was convicted by the trial court in C.C. No. 3240/SS/2015 for an offense under section 138 of the Negotiable Instruments Act. He was sentenced to one year of simple imprisonment and a fine of ₹20,00,000, with 9% interest per annum from the date of the order until realization, and in default, an additional two months of simple imprisonment. Khemka filed Criminal Appeal No. 152 of 2024 challenging the conviction.

The Allegations and Trial Court Decision:

The trial court found Khemka guilty of issuing yet another cheque that was dishonored due to insufficient funds.

Defense Arguments:

Khemka, through his advocate Kamlesh Mishra, argued that he was on bail during the trial and had filed an appeal challenging the legality and propriety of the conviction. He requested the court to grant him bail pending the appeal.

Respondent’s Objections:

The respondent, Toony Nemnath Jatia, represented by advocate Vandana Nag, opposed the bail application.

Court’s Analysis and Decision:

Judge Shrikhande, after hearing arguments from both sides, made the following observations:

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

Considering these factors, the court concluded that Khemka could be released on bail pending the appeal.

Conditions of Bail:

The court granted Khemka bail on the following conditions:

• He must execute a Personal Bond (P.R.) of ₹30,000 and provide a surety of the same amount.
• He must furnish bail before the trial court within one month.
• He was granted liberty to furnish provisional cash bail for one month.

Significance of the Order:

This order, similar to Criminal Bail Applications No. 596, 597, 598, and 599 of 2024, highlights the court’s approach in dealing with bail applications filed by convicted persons pending appeal. The court considered the following factors:

• Whether the accused was on bail during the trial.
• Whether an appeal has been filed.
• Whether the sentence has been suspended.

This ruling demonstrates the court’s discretion to grant bail in appropriate cases, even after conviction, when the accused has filed an appeal and the sentence has been suspended. It further emphasizes that each conviction and appeal requires a separate bail application. This pattern of multiple convictions suggests a significant number of dishonored cheques issued by the accused.