Mumbai, Maharashtra – February 2, 2023 – Smt. Rehana Aash Mohammed Tailor has been granted bail pending her appeal against a conviction in C.C.No.659/PW/2017. The Additional Sessions Judge, Smt. C.V. Patil, of the Sessions Court for Greater Bombay, approved Tailor’s bail application (Miscellaneous Application No. 842 of 2022) citing her statutory right to challenge the conviction.
Background of the Case:
Tailor was convicted by the Additional Chief Metropolitan Magistrate, 8th Court, Esplanade, Mumbai, in C.C.No.659/PW/2017. She subsequently filed a criminal appeal (Criminal Appeal No. 188 of 2022) challenging her conviction and then filed this miscellaneous application to be released on bail during the pendency of the appeal.
Allegations and Conviction:
The applicant was convicted in C.C.No.659/PW/2017. The specifics of the original crime are not detailed in this bail order.
Defense Arguments:
Adv. S.B. Tiwari, representing Tailor, argued that his client had been convicted on March 14, 2022, and had filed an appeal on April 12, 2022, within the limitation period. He stated that the Magistrate had suspended the sentence for the appeal period at the time of sentencing. He complained that the prosecution had failed to file a reply to the bail application and that no one from the prosecution was present in court. He emphasized Tailor’s statutory right to challenge the conviction and requested that she be released on bail pending the appeal. He also requested that the cash bail amount deposited before the Magistrate Court be continued.
Prosecution’s Counter-Arguments:
The Additional Public Prosecutor (APP) was absent, and no counter-arguments were presented.
Court’s Observations and Decision:
Judge Patil noted that Tailor had been convicted on March 14, 2022, and had filed an appeal to challenge the judgment. The court emphasized that Tailor had a statutory right to challenge the order and judgment.
“Right to challenge order and judgment is statutory right of appellant. Therefore during pendency of appeal the appellant be released on bail,” Judge Patil stated in her order.
The court granted bail to Tailor pending the outcome of her appeal.
Bail Conditions:
The court granted bail to Tailor, subject to the following conditions:
- She must furnish a Personal Bond (PB) and Surety Bond (SB) of Rs. 15,000.
- Her request to continue the cash bail deposited before the Magistrate Court was allowed, subject to proof of the deposit and her ID and address.
Significance of the Ruling:
This ruling highlights the court’s recognition of the statutory right of an individual to challenge a conviction and the importance of granting bail pending appeal in appropriate cases. The court’s decision underscores that the right to appeal is a fundamental aspect of the justice system and that bail can be granted to ensure that the appeal process is not rendered meaningless by prolonged incarceration.
Key Factors in the Bail Grant:
- Statutory right to challenge the conviction.
- Timely filing of the appeal.
- Absence of prosecution opposition.
- Conditions to ensure Tailor’s presence during the appeal.
Future Proceedings:
The criminal appeal filed by Tailor will proceed in the Sessions Court. The court will review the evidence and arguments presented during the trial and decide whether to uphold or overturn the conviction. The court will monitor Tailor’s compliance with the bail conditions.