Mumbai, Maharashtra – August 4, 2022 – In a move that provides temporary relief to a real estate development firm and its directors, the Sessions Court for Greater Bombay has granted bail to Gold Plaza Developers Pvt. Ltd. and its directors, Bharat Chhagalal Jain and Kishor Chhagalal Jain, pending their appeal against a conviction by a lower court.

Additional Sessions Judge K.P. Shrikhande (C.R. No. 10) presided over the case, addressing Bail Application No. 949 of 2022, which was filed in conjunction with Criminal Appeal No. 212 of 2022. The appeal challenged a judgment and order issued by the Metropolitan Magistrate, 56th Court, Mazgaon, Mumbai, on February 22, 2022, in C.C. No. 2203/SS/2020.

Background of the Case:

The appellants, Gold Plaza Developers Pvt. Ltd. and its directors, had been convicted in the Magistrate’s court. Subsequently, they filed an appeal in the Sessions Court, seeking to overturn the lower court’s decision. As part of this appeal process, they also submitted a bail application to secure their release pending the appeal’s outcome.

Court Proceedings and Decision:

During the hearing, Adv. B.D. Chauhan represented the appellants, while Adv. Kamble Sayabanna K. appeared for the respondent, Shrikant Kashiram Dhuri. The court, after considering the arguments presented by both parties and reviewing the case records, decided to grant the bail application.

Judge Shrikhande noted a crucial factor influencing the decision: “The sentence imposed by the judgment and order dated 22.02.2022 in C.C. No.2203/SS/2020 by the learned Metropolitan Magistrate, 56th Court, Mazgaon, Mumbai is already suspended and therefore, I find sufficient ground to allow the application.”

This suspension of the original sentence provided the court with a basis to grant bail, ensuring that the developers would not be subjected to the punishment while their appeal was being considered.

Bail Conditions:

The court granted bail to the individual appellants, Bharat Chhagalal Jain and Kishor Chhagalal Jain, under the following conditions:

• Each of them was required to execute a personal bond (PB) and a surety bond (SB) of ₹15,000.
• The court also allowed for a provisional cash bail of ₹15,000 each, in lieu of surety, for a period of one month.

The order effectively releases the appellants from custody, subject to the fulfillment of these bail conditions, until the Sessions Court reaches a decision on their appeal.

Implications and Future Proceedings:

This decision provides a temporary reprieve for Gold Plaza Developers Pvt. Ltd. and its directors. It signifies that the Sessions Court acknowledged the merit of their appeal and deemed it appropriate to release them on bail pending the appeal’s resolution.

The forthcoming proceedings in the Sessions Court will be crucial in determining the final outcome of the case. The court will thoroughly examine the evidence and arguments presented by both sides to decide whether to uphold or overturn the Magistrate’s conviction.

The granting of bail underscores the principle that individuals are presumed innocent until proven guilty and that they have the right to appeal lower court decisions. This case highlights the complexities of the legal process and the importance of appellate reviews in ensuring justice.