Mumbai, February 3, 2023 – Mohammed Khalid Khan has been granted bail by the Sessions Court in Mumbai pending the outcome of his appeal against a conviction in an income tax offense case. Khan was convicted in C.C.No.477/SW/2018 and sentenced to three months of imprisonment and a fine of Rs. 3,500.

Background

Khan, originally accused number 3, filed a criminal appeal (Criminal Appeal No. 371 of 2022) challenging the judgment and order of the trial court. He subsequently applied for bail (Criminal Bail Application No. 1553 of 2022) pending the appeal’s disposal.

Khan’s Arguments

Mr. Mujjafar Patel, representing Khan, argued for the grant of bail, stating that Khan had already deposited the fine amount. It was also noted that Khan had been released on bail by the trial court.

Prosecution’s Position

Mr. B.G. Rajput, the Additional Public Prosecutor (APP), represented the State. Mr. Sunil Chavan, learned advocate represented the respondent. They did not raise significant objections to the bail application in the provided document.

Court’s Observations and Decision

Additional Sessions Judge N.P. Mehta considered the submissions and the documents on record. The court noted that Khan had deposited the fine amount and had been released on bail by the trial court.

“It is matter of record that accused has deposited the fine amount. This Court has perused the application. It is informed that accused was released on bail by trial Court. In view of above said, the present application needs to be allowed,” Judge Mehta stated in the order.

The court decided to grant Khan bail pending the appeal.

Bail Conditions

Khan was granted bail on a personal bond of Rs. 20,000 with one surety of the same amount. The court imposed the following conditions:

• Khan must appear before the Sessions Court on every date of the appeal hearing.
• He must cooperate with the court in the expeditious disposal of the appeal.

Key Points

• Fine Deposited: The fact that Khan had deposited the fine amount was a significant factor in the court’s decision.
• Trial Court Bail: The court noted that Khan had been granted bail by the trial court.
• Appeal Pending: The bail was granted pending the disposal of Khan’s criminal appeal.
• Income Tax Offense: The case related to an offense under the Income Tax Act.