Mumbai, Maharashtra – October 3, 2022 – The Sessions Court for Greater Bombay has suspended the sentence and granted bail to Imran Shaikh, the proprietor of Selection Foam Centre, who was convicted in a cheque dishonor case. Additional Sessions Judge Priya P. Bankar (C.R. No. 18) allowed Miscellaneous Application No. 666 of 2022 and Bail Application No. 837 of 2022, both filed in connection with Criminal Appeal No. 380 of 2022.

Shaikh was convicted by the Metropolitan Magistrate, 33rd Court, Ballard Pier, Mumbai, in C.C. No. 2261/SS/2019 under Section 138 of the Negotiable Instruments Act. He was sentenced to six months of simple imprisonment and ordered to pay ₹3,50,000 as compensation to the complainant, Durga Puf (Silvassa) Pvt. Ltd., within three months. Failure to pay within this period would result in an interest of 9% per annum until realization, and a further two months of simple imprisonment in default.

Case Background:

The case pertains to a dishonored cheque issued by Imran Shaikh to Durga Puf (Silvassa) Pvt. Ltd. The trial court found him guilty and sentenced him accordingly. Shaikh subsequently filed a criminal appeal challenging the conviction and sentence.

Arguments and Court’s Reasoning:

Shaikh’s counsel, Adv. Saurabh Redekar, argued that his client had a strong case in the appeal and was likely to succeed. He highlighted that Shaikh had been on bail during the trial and requested that he be released on bail pending the appeal. He also mentioned that Shaikh had already deposited ₹5,000 during the trial and expressed willingness to deposit 20% of the compensation amount during the appeal.

The complainant, Durga Puf (Silvassa) Pvt. Ltd., was represented by Adv. D.S. Laxman. The State of Maharashtra, respondent No. 2, was represented by APP S.S. Joshi.

The court, after considering the submissions and reviewing the trial court’s judgment, noted that the appeal was pending and would take time to be disposed of. “Considering the submissions on behalf of the applicant and that the trial is pending and time will be required to dispose of the said appeal, I find that both the applications deserves to be allowed,” Judge Bankar stated.

Decision and Conditions:

Judge Bankar allowed both the Miscellaneous Application and the Bail Application. She suspended the execution of the sentence passed by the trial court, subject to Shaikh depositing ₹1,00,000 (one lakh rupees) in the trial court within thirty days from the order.

“The execution of sentence passed in C.C. No. 2261/SS/2019, dtd. 07.12.2021 passed by Ld. Metropolitan Magistrate, 33rd Court, Ballard Pier, Mumbai is hereby suspended till the decision of this appeal on depositing amount of Rs. 1,00,000/- (Rs. One lakh only) in trial Court within thirty days from passing of this order,” Judge Bankar ordered.

The court also directed that if Shaikh failed to comply with the deposit order within the specified period, the stay would be automatically vacated.

Pending the appeal, Shaikh was granted bail upon executing a personal bond of ₹15,000 with one surety of the same amount.

The certified copy of the common order was issued on October 3, 2022. This decision highlights the court’s consideration of the pendency of the appeal, the likelihood of delay in its disposal, and the accused’s willingness to deposit a substantial amount as a condition for suspending the sentence and granting bail.