Mumbai, September 27, 2022 – Mehrunnisa Zulfikar Mansuri has been granted bail by the Sessions Court in Mumbai pending the outcome of her appeal against a conviction in a cheque dishonor case. This decision comes after a compromise was reached between Mansuri and the complainant, Shabana Zainuddin Chandiwala.

Background

Mansuri was convicted in CC No. 16/SS/2021 on May 20, 2022. She filed a criminal appeal (Criminal Appeal No. 540 of 2022) challenging the sentence and subsequently applied for bail pending the appeal’s disposal.

Mansuri’s Arguments

Mr. Sao, representing Mansuri, argued that his client had been on bail during the trial and that there was a possibility of her acquittal in the appeal. He further stated that a compromise had been reached between Mansuri and the complainant, and consent terms were placed on record. He requested that Mansuri be granted bail pending the appeal.

Complainant’s Position

Shabana Zainuddin Chandiwala, the complainant, appeared in person and did not object to the bail, provided the consent terms were fulfilled. The consent terms indicated that a settlement of Rs. 2 lakhs was agreed upon, and Chandiwala confirmed receiving Rs. 25,000 as part payment.

Court’s Observations and Decision

Additional Sessions Judge S.U. Wadgaonkar considered the submissions and the consent terms. The court noted that the sentence’s execution had been suspended pursuant to a previous order in Misc. Application No. 1401 of 2022.

“Consent terms indicate that the amount is finalized for sum of Rs.2 Lakhs towards final settlement and complainant admitted that today she has received Rs.25,000/- towards part payment of settlement. Consequently, pursuant to the order passed in Misc. Application No.1401 of 2022, the execution of sentence is suspended. Therefore, the applicant/accused is entitled for bail during the pendency of appeal subject to condition precedent,” Judge Wadgaonkar stated in the order.

The court decided to grant Mansuri bail pending the appeal, subject to the fulfillment of the compromise terms.

Bail Conditions

Mansuri was granted bail on a personal bond of Rs. 15,000 with a solvent surety of the same amount, to remain in effect until the appeal’s final disposal.

Key Points

• Compromise Reached: The compromise between the parties was the primary reason for granting bail.
• Suspension of Sentence: The court noted that the sentence’s execution had already been suspended.
• Consent Terms: The court relied on the consent terms placed on record.
• Bail During Trial: The fact that Mansuri was on bail during the trial was also a factor.
• Cheque Dishonor: The case related to the offense of cheque dishonor.