Mumbai, Maharashtra – [June 7, 2022] – The Court of Sessions in Mumbai has granted bail to Yogesh Ramratan Sarda, the appellant in Bail Application No. 1060 of 2022. The order, dated May 18, 2022, was issued by Additional Sessions Judge Smt. Chitra Hankare, presiding in Court Room No. 10.

The bail application was filed by Mr. Sarda in connection with his conviction under Section 138 read with Section 141 of the Negotiable Instruments Act, 1881. This conviction was handed down by the Learned Metropolitan Magistrate of the 23rd Court, Esplanade, Mumbai, on April 5, 2022, in C.C.No.2061/SS/2015. The original complaint in this case was filed by M/s. Samvrudhi Properties Pvt. Ltd., who were listed as Respondent No. 2 in the bail application. The State of Maharashtra was listed as Respondent No. 1.

Advocate Ms. Khan, representing H & M Legal Associates, appeared on behalf of the appellant, Mr. Sarda. Notably, there was no representation present for Respondent No. 2, M/s. Samvrudhi Properties Pvt. Ltd., during the hearing.

In the application seeking bail, Mr. Sarda, through his advocate, contended that the trial court had erred in law and acted perversely in convicting him. The application further argued that the Learned Magistrate had failed to properly appreciate the evidence presented on record and that there were significant omissions and contradictions within the statements of the witnesses during the trial. Based on these grounds, the appellant asserted that he had a strong case in his appeal (Criminal Appeal No. 254 of 2022, which was the underlying appeal for this bail application) and thus sought to be released on bail pending the hearing of his appeal.

After hearing the arguments presented by Ms. Khan and perusing the impugned order of the Metropolitan Magistrate, Additional Sessions Judge Smt. Chitra Hankare delivered the order granting bail. The court acknowledged that the offence for which Mr. Sarda was convicted falls under Section 138 read with Section 141 of the Negotiable Instruments Act. Furthermore, the court recognized the significant time that an appeal typically takes to reach its final hearing.

In a crucial observation, Judge Hankare stated that “Nothing will gain by keeping the appellant behind bar.” Considering the aforementioned circumstances, the court concluded that the appellant was entitled to be granted bail.

Consequently, the court passed the following order:

ORDER

Bail Application No. 1060 OF 2022 is hereby allowed.

Appellant Yogesh Ramratan Sarda is released on bail on furnishing a Personal Recognizance (P.R.) Bond of ₹15,000/- (Rupees Fifteen Thousand Only) with a surety of a like amount.

Bail to be furnished before the trial court.

The order was pronounced and signed by Additional Sessions Judge Smt. Chitra Hankare on May 18, 2022, although the signed judgment/order was officially uploaded on June 3, 2022, at 10:45 a.m. The certified true and correct copy of the original signed judgment/order was attested by the stenographer, Mr. V. S. Shinde.

This order provides temporary relief to Yogesh Ramratan Sarda, allowing his release from custody while his appeal against the conviction under the Negotiable Instruments Act is pending before the Sessions Court. The requirement of a P.R. Bond and a surety ensures his presence for future proceedings related to his appeal. The case now awaits its turn for a final hearing in the appellate court, where the merits of the trial court’s conviction will be scrutinized.