Mumbai, May 4, 2023 – Rajesh Navinchandra Sanghvi, a businessman convicted in a cheating case, has been granted bail by the Additional Sessions Judge, Shri S.D. Kulkarni, pending the outcome of his criminal appeal. The court’s decision comes after suspending the substantive sentence previously imposed on Sanghvi.

Sanghvi, the alleged proprietor of Ketki Enterprise, was convicted in C.C. No. 11149/SS/2019 and subsequently filed Criminal Appeal No. 402/2022. The current bail application, BA 1718/2022, was filed as part of his efforts to secure release pending the appeal’s resolution.

The case involves a complaint filed by Sushil Shyamlal Jain, the alleged proprietor of D.S. Textiles, who is listed as respondent No. 2 in the bail application. The State of Maharashtra is also a respondent (No. 1).

Court Proceedings and Decision:

After hearing arguments from Advocate Jatin P. Shah, along with Advocate Munj, representing the appellant Sanghvi, APP Lade for the State (respondent No. 1), and Advocate Prasad Borkar for the original complainant Sushil Shyamlal Jain (respondent No. 2), the court decided to grant bail.

Judge Kulkarni, in his order dated April 28, 2023, stated that since the substantive sentence had been suspended by a separate order, Sanghvi was entitled to bail. The court directed that Sanghvi be released on a Personal Bond (P.B.) and Surety Bond (S.B.) of Rs. 15,000, to be furnished within two months before the learned trial Court.

Conditions of Bail:

The court imposed the following conditions on Sanghvi’s bail:

• He must furnish a Personal Bond and Surety Bond of Rs. 15,000 within two months before the trial court.
• He is prohibited from leaving India without prior permission from the court.
• He has the option to furnish the bail bonds either before the Sessions Court or the trial court.

Implications:

This order allows Rajesh Navinchandra Sanghvi to be released from custody while his appeal against the conviction is pending. The suspension of the substantive sentence and the subsequent grant of bail indicate that the court found sufficient grounds to allow the appellant to remain free until his appeal is adjudicated.

The case highlights the process of seeking bail pending appeal in criminal cases, emphasizing the court’s discretion to suspend sentences and grant bail based on the specific circumstances of each case.

The order was dictated on April 28, 2023, transcribed on April 29, 2023, and signed by HHJ on May 2, 2023, and uploaded on May 4, 2023.