Mumbai, February 22, 2024 – Dr. Jagdish Chottelal Sharma, a Mumbai-based doctor, has been granted bail by the Sessions Court for Greater Mumbai at Mazgaon following his conviction in a cheque bounce case. The order, issued by Additional Sessions Judge K.P. Shrikhande in Court Room No. 87, pertains to Criminal Bail Application No. 427 of 2024, filed in connection with Criminal Appeal No. 106 of 2024.
Dr. Sharma was convicted by the trial court on January 19, 2024, for an offense under Section 138 of the Negotiable Instruments Act, which deals with cheque bounce cases. He was sentenced to one year of simple imprisonment and ordered to pay a fine of ₹33,60,000 with 9% interest per annum from the date of the order until realization. In default of the fine payment within one month, he would have to undergo an additional two months of simple imprisonment.
In his bail application, Dr. Sharma, represented by Advocate S.F. Rehman, sought bail on the grounds that he had filed an appeal challenging his conviction. Advocate Sandeep Kumbhar represented the respondent, Jeetendra Ranawat.
Judge Shrikhande, after hearing arguments from both sides, noted that Dr. Sharma had been on bail during the trial period. He also considered that Dr. Sharma had challenged the legality and propriety of the conviction by filing an appeal and that the substantive sentence of imprisonment and the sentence of fine had been suspended.
“As the appellant was on bail during the period of trial, and as the appellant/accused has challenged the legality and propriety of the judgment of conviction by filing the appeal, and considering the same, as the substantive sentence of imprisonment and sentence of fine have been suspended, I am of the view that the appellant/accused can be released on bail,” Judge Shrikhande stated in his order.
The court granted bail to Dr. Sharma under the following conditions:
- He must execute a Personal Recognizance (P.R.) bond of ₹40,000 with a surety of the same amount.
- He must furnish the bail before the trial court within one month.
This decision reflects the court’s consideration of the fact that Dr. Sharma had been on bail during the trial, his appeal against the conviction, and the suspension of the sentence. It also highlights the court’s discretion in granting bail in cases where the conviction is being challenged through an appeal.