Mumbai, September 15, 2022 (Greater Bombay Sessions Court): The Additional Sessions Judge, Shri S.D. Kulkarni, presiding over Court Room No. 30 at the Sessions Court in Greater Bombay, has granted bail to Prasad Onkar, the original accused No. 3, in connection with Criminal Appeal No. 181 of 2022. This appeal arises from C.C. No. 1065/SS/2016, a case involving M/s. Atlanta Forms Pvt. Ltd. as the original complainant and the State of Maharashtra as the second respondent.
The bail application, numbered 788 of 2022, was heard by the court, with Advocate Mr. Rohan Samant appearing on behalf of the applicant/accused. Despite being duly served, no one appeared on behalf of the Respondent No. 1, M/s. Atlanta Forms Pvt. Ltd. Mr. R.A. Mahakal, Advocate, represented the Respondent No. 2, the State of Maharashtra.
After perusing the application and hearing the advocate for the applicant, the court noted the absence of the original complainant. The crucial factor leading to the grant of bail was the suspension of the substantive sentence previously passed against the accused. This suspension was ordered in a separate proceeding related to the appeal.
Based on this suspension of sentence, the court deemed it appropriate to release Prasad Onkar on a Personal Bond (P.B.) and a Surety Bond (S.B.) of ₹15,000/- (Rupees Fifteen Thousand). The applicant has been directed to furnish these bonds within two weeks before the learned trial Court.
In addition to the financial conditions, the court imposed a restriction on the applicant’s movement, stating that he “shall not leave India without prior permission of the Court.”
Furthermore, the court provided the applicant with the flexibility to furnish the bail either before the Sessions Court or before the learned trial Court.
The order was dictated and transcribed on September 12, 2022, and subsequently signed by Additional Sessions Judge Shri S.D. Kulkarni on the same date. The certified true copy of the order was uploaded on September 15, 2022.
This order signifies a temporary reprieve for Prasad Onkar, allowing his release on bail while his appeal against the original conviction and sentence is pending before the Sessions Court. The suspension of the substantive sentence was a key element in the court’s decision to grant bail. The restriction on leaving the country underscores the court’s intent to ensure the applicant’s availability for the ongoing legal process.