Mumbai, February 21, 2024 – Manoj Kondiba Gaikwad, a 52-year-old, has been granted bail by the Sessions Court in Mumbai pending the outcome of his appeal against a conviction in a cheque dishonor case. Gaikwad was convicted by the trial court under Section 138 of the Negotiable Instruments Act and sentenced to six months of simple imprisonment and ordered to pay compensation.

Background

Gaikwad was convicted by the trial court on January 2, 2024, for an offense under Section 138 of the Negotiable Instruments Act (cheque dishonor). He was sentenced to six months of simple imprisonment and was ordered to pay Rs. 33,19,500 in compensation to Shri Gajanan Sahakari Patpedhi Mydt. Failure to pay the compensation would result in an additional six months of simple imprisonment. Gaikwad filed an appeal against this conviction (Criminal Appeal No. 75 of 2024) and sought bail pending the appeal’s outcome.

Gaikwad’s Arguments

Mr. Chaitanya Kotnis, representing Gaikwad, argued that his client had been on bail during the trial and that he had filed an appeal challenging the legality and propriety of the conviction. He requested that Gaikwad be granted bail pending the appeal.

Court’s Observations and Decision

Additional Sessions Judge K.P. Shrikhande considered the arguments and noted that Gaikwad was on bail during the trial. The court also acknowledged that Gaikwad had filed an appeal challenging his conviction and that the substantive sentence and the compensation order had been suspended.

“As the appellant was on bail during the period of trial, and as the appellant/accused No.1 has challenged the legality and propriety of the judgment of conviction by filing the appeal, and considering the same, as the substantive sentence and direction to pay compensation have been suspended, I am of the view that the appellant/accused No.1 can be released on bail,” Judge Shrikhande stated in the order.

The court decided to grant Gaikwad bail pending the appeal.

Bail Conditions

Gaikwad was granted bail on a personal bond of Rs. 40,000 with a surety of the same amount. The court imposed the following conditions:

• Gaikwad must furnish bail before the trial court within one month.
• He is allowed to furnish provisional cash bail for one month.

Key Points

• Appeal Pending: The court granted bail pending the outcome of Gaikwad’s appeal against his conviction.
• Suspension of Sentence: The court noted that the substantive sentence and the compensation order had been suspended, which influenced its decision.
• Bail During Trial: The fact that Gaikwad was on bail during the trial was also considered by the court.
• Section 138 of the Negotiable Instruments Act: This section deals with the offense of cheque dishonor.