Mumbai, March 21, 2024 – Sanjay Chandrakant Vaswani, convicted in a cheque dishonor case, has been granted bail by the Sessions Court for Greater Mumbai pending the outcome of his appeal. Additional Sessions Judge K.P. Shrikhande, presiding over Court Room No. 87, allowed Vaswani’s bail application (Criminal Bail Application No. 462 of 2024).

Vaswani was convicted by the trial court under Section 138 of the Negotiable Instruments Act and sentenced to six months of simple imprisonment and a fine of ₹4,70,000. He subsequently filed a criminal appeal (Criminal Appeal No. 116 of 2024) challenging the conviction.

Background and Conviction:

Vaswani was convicted for an offense under Section 138 of the Negotiable Instruments Act. The trial court’s judgment and order, dated January 22, 2024, sentenced him to six months of simple imprisonment and imposed a fine of ₹4,70,000, with an additional two months of simple imprisonment in case of default.

Defense Arguments:

Vaswani, through his advocate Sachin Talekar, filed a bail application pending the appeal. He argued that he was on bail during the trial and that his conviction was being challenged. He also pointed out that the substantive sentence of imprisonment and fine had been suspended.

Prosecution’s Arguments:

The complainant (M/s. L. Sunderdas Zaveri), represented by advocate Ravi L. Gurnani, and the State of Maharashtra, represented by Additional Public Prosecutor Kishor Tadavi, were present.

Court’s Analysis and Decision:

Judge Shrikhande, after hearing the arguments, noted that Vaswani was on bail during the trial and that he had filed an appeal challenging the conviction. He also considered that the substantive sentence of imprisonment and fine had been suspended. Based on these factors, the court concluded that Vaswani could be released on bail pending the appeal.

Conditions of Bail:

The court granted Vaswani bail on the following conditions:

• He must execute a Personal Recognizance (P.R.) bond of ₹25,000 with a surety of the same amount.
• He must furnish the bail before the trial court within one month.
• He is granted liberty to furnish provisional cash bail for one month.

Significance of the Order:

This order highlights the court’s consideration of the following factors when granting bail to a convicted person pending appeal:

• The accused was on bail during the trial.
• The conviction is being challenged in an appeal.
• The substantive sentence has been suspended.
• The courts willingness to allow provisional cash bail.

This ruling demonstrates the court’s approach in balancing the rights of the convicted person with the interests of justice, particularly when an appeal is pending.