Mumbai, Maharashtra – May 18, 2022 – Yogesh Ramratan Sarda has been granted bail pending the outcome of his appeal against a conviction under Section 138 read with 141 of the Negotiable Instruments Act. The Additional Sessions Judge, Chitra Hankare, of the Sessions Court for Greater Mumbai, approved Sarda’s bail application (Bail Application No. 1057 of 2022) citing the nature of the offense and the likely delay in the appeal process.

Background of the Case:

Sarda was convicted by the Metropolitan Magistrate, 23rd Court, Esplanade, Mumbai, in C.C. No. 1559/SS/2014 for an offense under Section 138 read with 141 of the Negotiable Instruments Act (cheque dishonor). He filed Criminal Appeal No. 251 of 2022 challenging the conviction.

Defense Arguments:

Ms. Khan, representing Sarda, argued that the trial court had erred in law and perversely convicted her client. She asserted that the Magistrate had not properly appreciated the evidence on record and that there were vital omissions and contradictions in the witnesses’ statements. She contended that Sarda had a strong case in his appeal and requested his release on bail.

Prosecution’s Counter-Arguments:

None of the respondents were present during the hearing, and no counter-arguments were presented.

Court’s Observations and Decision:

Judge Hankare noted that the offense was punishable under Section 138 read with 141 of the Negotiable Instruments Act. She also acknowledged that the appeal process would take time and that keeping Sarda in custody would not serve any purpose.

“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 her order.

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

Order:

The court granted the following orders:

• Bail Application No. 1057 of 2022 is allowed.
• Sarda is released on bail upon furnishing a Personal Recognizance (PR) bond of Rs. 15,000 with a surety of the same amount.
• Bail must be furnished before the trial court.

Significance of the Ruling:

This ruling highlights the court’s consideration of the nature of the offense and the likely delay in the appeal process when deciding bail applications in cases involving convictions under the Negotiable Instruments Act. The court’s decision underscores that in such cases, where the offense is not of a grave nature and the appeal is likely to take time, bail may be granted to the appellant pending the outcome of the appeal.

Key Factors in the Bail Grant:

• The offense under Section 138 read with 141 of the Negotiable Instruments Act.
• The likely delay in the appeal process.
• The court’s assessment that keeping Sarda in custody would not serve any purpose.

Future Proceedings:

The Criminal Appeal No. 251 of 2022 will proceed in the Sessions Court, where the court will examine the grounds of the appeal and the evidence presented during the trial to determine whether the conviction should be upheld, modified, or set aside. The court will monitor Sarda’s compliance with the bail conditions.