Mumbai, Maharashtra – June 3, 2022 – The Sessions Court for Greater Bombay has granted bail to Kavita Yogesh Sarda, who was convicted in a cheque dishonor case. Additional Sessions Judge Chitra Hankare (C.R. No. 10) allowed Bail Application No. 1059 of 2022, filed in connection with Criminal Appeal No. 253 of 2022, which arose from C.C. No. 2059/SS/2015.

Kavita Yogesh Sarda was convicted by the Metropolitan Magistrate, 23rd Court, Esplanade, Mumbai, on April 5, 2022, under Section 138 read with Section 141 of the Negotiable Instruments Act.

Case Background:

The case pertains to a dishonored cheque, leading to Sarda’s conviction by the trial court. She subsequently filed a criminal appeal challenging the conviction and sentence.

Arguments and Court’s Reasoning:

Sarda’s counsel, Ms. Khan from H & M Legal Associates, argued that the trial court had erred in law and fact while convicting her. She contended that the magistrate had not properly appreciated the evidence on record and that there were vital omissions and contradictions in the witnesses’ statements. She asserted that Sarda had a strong case in the appeal and requested that she be released on bail.

Respondent No. 2, M/s. Samvrudhi Properties Pvt. Ltd., was not represented. The State of Maharashtra, Respondent No. 1, was represented by the prosecution.

The court, after hearing the arguments and perusing the impugned order, noted that the offense was punishable under Section 138 read with Section 141 of the Negotiable Instruments Act. “The offence is punishable under section 138 r/w 141 of Negotiable Instrument Act,” Judge Hankare stated.

The court also considered that the appeal would take time to be heard and that there was no justification for keeping Sarda in custody during the pendency of the appeal. “The appeal will take its own time to ripe for final hearing. Nothing will gain by keeping the appellant behind bar. Looking to the aforesaid circumstances appellant is entitled to grant bail,” Judge Hankare noted.

Bail Conditions:

Judge Hankare granted bail to Kavita Yogesh Sarda on the following conditions:

• Execution of a personal bond of ₹15,000 with a surety of the same amount.
• Bail to be processed before the trial court.

The certified copy of the judgment was issued on June 3, 2022. This decision highlights the court’s consideration of the pendency of the appeal and the nature of the offense when granting bail.