Mumbai, June 3, 2022 – The Additional Sessions Judge, Smt. Chitra Hankare, at the Sessions Court in Bombay, has granted bail to Yogesh Ramratan Sarda and Kavita Yogesh Sarda, directors of Silver Oak Solutions Pvt. Ltd. The bail was granted in connection with their appeal against a conviction order passed by the Metropolitan Magistrate, 23rd Court, Esplanade, Mumbai, in C.C.No.1470/SS/2014 for an offence punishable under Section 138 read with Section 141 of the Negotiable Instruments Act.

The order, dated May 18, 2022, was passed in Bail Application No. 1056 of 2022, which was filed in conjunction with Criminal Appeal No. 250 of 2022.

Ms. Saeed Khan, the learned Advocate appearing for the appellants (original accused), argued that the trial court had erred in law and acted perversely in convicting the appellants. She contended that the learned Magistrate had not properly appreciated the evidence on record and pointed out vital omissions and contradictions in the statements of witnesses. Based on these grounds, she prayed for the release of the appellants on bail pending the hearing of their appeal.

Despite no appearance from the respondent No. 2, Capri Global Advisory Services Pvt. Ltd., the court proceeded to hear the submissions of the appellants’ advocate and perused the impugned order of the trial court.

Additional Sessions Judge Smt. Chitra Hankare, after considering the arguments and the nature of the offence under Section 138 r/w 141 of the Negotiable Instruments Act, acknowledged that the appeal process would take time to reach its final hearing. The court opined that keeping the appellants in custody during this period would not serve any productive purpose. Considering these circumstances, the court found the appellants entitled to the grant of bail.

Order:

Bail Application No. 1056 OF 2022 is hereby allowed.

Appellant Nos. 2, Yogesh Ramratan Sarda, and No. 3, Kavita Yogesh Sarda, are to be released on bail upon furnishing a Personal Recognizance (P.R.) Bond of ₹15,000/- (Rupees Fifteen Thousand Only) each, along with a surety in the like amount for each of them.

The bail formalities are to be completed before the trial court.

The order was dictated on May 18, 2022, typed on May 20, 2022, and signed on May 23, 2022, by Additional Sessions Judge Smt. Chitra Hankare. The certified true and correct copy of the original signed judgment/order was uploaded on June 3, 2022, at 10:45 a.m.

This order provides interim relief to the convicted directors of Silver Oak Solutions Pvt. Ltd., allowing them to be released from custody while their appeal against the cheque dishonor conviction is pending before the Sessions Court. The court’s decision appears to be based on the pendency of the appeal and the nature of the offence under the Negotiable Instruments Act.