Mumbai, Maharashtra – [Insert Date of News Publication, likely shortly after March 7th, 2024] – The Court of Sessions for Greater Mumbai, situated at Mazgaon, has granted bail to Jacqueline Anne Desa, a 56-year-old resident of Malabar Hill, pending the hearing of her appeal against a conviction in a fatal accident case. The order, dated March 1, 2024, was issued by Additional Sessions Judge Mr. K. P. Shrikhande, presiding in Court Room No. 87.

Ms. Desa was convicted by the learned trial Court on February 1, 2024, for offences punishable under Sections 279 (rash driving or riding on a public way) and 304-A (causing death by negligence) of the Indian Penal Code.¹ For the offence under Section 279 IPC, she was sentenced to six months of Rigorous Imprisonment and fined ₹1,000. For the offence under Section 304-A IPC, she received a sentence of one year of Rigorous Imprisonment and a fine of ₹5,000.

The bail application, Criminal Bail Application No. 484 of 2024, was filed in conjunction with her Criminal Appeal No. 120 of 2024, challenging the trial court’s judgment and sentence.

The learned Additional Public Prosecutor (A.P.P.) opposed the bail application, arguing that the offences were serious and that there was a possibility of the appellant absconding. However, Advocate Mr. Rahul Arote, representing Ms. Desa, highlighted that his client was on bail throughout the trial period. He further emphasized that the appeal challenged the legality and propriety of the conviction and sentence.

Considering these arguments, and the fact that the substantive sentence had been suspended pending the appeal, Additional Sessions Judge Shrikhande opined that Ms. Desa could be released on bail.

Consequently, the court passed the following order:

ORDER

1. Criminal Bail Application No. 484 of 2024 is allowed.
2. The appellant/accused Jacqueline Anne Desa shall be released on bail on executing a Personal Recognizance (P.R.) bond of ₹25,000/- (Rupees Twenty-Five Thousand Only) with a surety in the like amount.
3. The appellant/accused to furnish bail before the trial Court within one month.
4. Liberty is given to the appellant/accused to furnish provisional cash bail for one month.
5. Criminal Bail Application No. 484 of 2024 is disposed of accordingly.

The order was typed on March 4, 2024, and signed by Additional Sessions Judge Mr. K. P. Shrikhande on [The original text is incomplete here, but the upload date suggests March 7th, 2024]. The certified true and correct copy of the original signed judgment/order was uploaded on March 7, 2024, at 3:20 p.m. by stenographer Ms. Bahushruta Y. Jambhale.

This order grants temporary relief to Jacqueline Anne Desa, allowing her release from custody while her appeal against the conviction for rash driving and causing death by negligence is being heard by the Sessions Court. The conditions of the bail require her to furnish a personal bond and a surety of ₹25,000 each before the trial court within one month. The option for provisional cash bail for the same period provides immediate relief while she arranges for the surety. The disposal of the bail application now paves the way for the progression of her criminal appeal.