Mumbai, February 21, 2024 – Gaurav Yashwant Kesarkar, convicted of causing grievous hurt, has been granted bail by the Sessions Court for Greater Mumbai pending the hearing of his appeal. Additional Sessions Judge K.P. Shrikhande allowed Kesarkar’s bail application (Criminal Bail Application No. 300 of 2024), citing the suspension of his substantive sentence and his compliance with bail conditions during the trial.

Kesarkar was convicted by the trial court on January 23, 2024, for the offense punishable under section 325 (voluntarily causing grievous hurt) of the Indian Penal Code (IPC). He was sentenced to one year of simple imprisonment and a fine of ₹1,000, with an additional eight days of simple imprisonment in case of default in fine payment.

Prosecution’s Objections:

The Additional Public Prosecutor (APP), Kishor Tadavi, opposed the bail, arguing that the offense was serious and that there was a possibility of Kesarkar absconding.

Defense Arguments:

Kesarkar’s advocate, Prashant Parab, emphasized that his client had been on bail throughout the trial and had challenged the legality and propriety of the conviction and sentence by filing an appeal.

Court’s Decision:

Judge Shrikhande, after considering the submissions, noted that Kesarkar had been on bail during the trial and that his substantive sentence had been suspended. He also acknowledged that Kesarkar had filed an appeal challenging his conviction.

Considering these factors, the court concluded that Kesarkar could be released on bail pending the hearing of his appeal.

Conditions of Bail:

Judge Shrikhande granted Kesarkar bail on the following conditions:

• He must execute a Personal Recognizance (P.R.) bond of ₹25,000 with a surety of the same amount.
• He must furnish bail before the trial court within one month.
• He is granted the liberty to furnish provisional cash bail for one month.

Significance of the Order:

This order highlights the court’s consideration of the following factors when granting bail pending appeal:

• The fact that the accused was on bail during the trial.
• The suspension of the substantive sentence.
• The filing of an appeal challenging the conviction.

The decision also reflects the court’s discretion to grant bail in cases where the accused has demonstrated compliance with bail conditions and has a legitimate challenge to their conviction.