Mumbai, Maharashtra – June 3, 2022 – A Mumbai Sessions Court has granted bail to Kavita Yogesh Sarda, who was convicted under Section 138 of the Negotiable Instruments Act, pending the outcome of her appeal. The court, presided over by Additional Sessions Judge Chitra Hankare, granted bail citing the nature of the offense and the anticipated delay in the appeal process.

Kavita Yogesh Sarda was convicted by the Metropolitan Magistrate, 23rd Court, Esplanade, Mumbai, in C.C.No.1560/SS/2014, for offenses punishable under Section 138 read with 141 of the Negotiable Instruments Act. She subsequently filed an appeal against the conviction and sought bail.

Details of the Conviction and Appeal:

Sarda was convicted in a cheque dishonor case. She then appealed the lower court’s decision and applied for bail pending the appeal’s resolution.

Arguments Presented During the Bail Hearing:

Ms. Khan, holding for H & M Legal Associates, appeared for Sarda. The defense argued that the trial court had erred in law and perversely convicted Sarda. They contended that the Magistrate had not properly appreciated the evidence on record and that there were vital omissions and contradictions in the witnesses’ statements. They asserted that Sarda had a strong case in appeal and requested her release on bail.

Neither the State nor Capri Global Advisory Services Pvt. Ltd. (respondent No. 2) were represented at the hearing.

Court’s Reasoning and Decision:

Judge Hankare, after hearing the arguments and perusing the impugned order, noted the nature of the offense and the likely duration of the appeal process.

“The offence is punishable under section 138 r/w 141 of Negotiable Instrument Act. 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 stated in the order.

The court concluded that, given the circumstances, Sarda was entitled to bail.

Conditions of Bail:

The court granted bail to Sarda on a personal bond of ₹15,000 with a surety of the same amount. The bail was to be furnished before the trial court.

Implications of the Decision:

This decision highlights the court’s consideration of the nature of the offense and the anticipated delay in the appeal process when granting bail to a convicted person. In cases under the Negotiable Instruments Act, where the offense is primarily financial in nature, courts often grant bail pending appeal, especially when there are arguable points in the appeal. This approach balances the need to uphold the conviction with the appellant’s right to appeal and the presumption of innocence until proven guilty beyond a reasonable doubt in the appellate process.