Mumbai, June 14, 2022 – The Additional Sessions Judge C.V. Patil suspended the sentence and granted bail to Siddharth Choudhary, who was convicted by the trial court under Section 355(2) of the Indian Penal Code (IPC). The court ordered Choudhary to deposit 20% of the fine amount as a condition for suspending the sentence and granting bail during the pendency of his appeal.

Choudhary was convicted in CC No. 480/SS/2017 and sentenced to simple imprisonment until the rising of the court and a fine of Rs. 14,00,000. He filed an appeal (Appeal No. 243 of 2022) along with a Criminal Miscellaneous Application (No. 820 of 2022) for suspension of sentence and a Criminal Bail Application (No. 1035 of 2022) for bail.

The court noted that the right to appeal is a statutory right of the accused and that the appeal deserved to be admitted. However, the court also considered the submissions from both sides regarding the conditions for granting bail and suspending the sentence.

“He filed appeal against the order and Judgment. Right of appeal is the statutory right of accused. Considering nature of the case, appeal deserves to be admitted. However, the accused has asked for grant of bail. On the contrary, advocate of the applicant submitted that as per settled principles of law it is necessary to protect him atleast on deposit of 20% of the amount before admission of the appeal. Considering, submission of both sides and nature of offence. I proceed to pass following order:” Said Judge Patil.

The court decided to suspend the execution and implementation of the trial court’s order during the pendency of the appeal, subject to the condition that Choudhary deposit 20% of the fine amount.

“The execution and implementation of order passed by 70th Court Mazgaon, Mumbai in Case No.480/SS/2017 dated 7/4/2022 against accused is hereby stayed during the pendency of the appeal on following condition: The appellant/accused no.2 Siddharth Choudhary shall deposit 20% compensation that is Rs.2,80,000/- out of total Rs.14,00,000/- as a condition precedent within one month from the date of order.” Judge Patil ordered.

The court also granted Choudhary bail, ordering him to execute a personal bond and surety bond of Rs. 10,000.

“The appellant/accused no.2 Siddharth Choudhary be released on PB and SB of Rs.10,000/-” Judge Patil ordered.

The court directed that the order be communicated to the concerned trial court.

The order was dictated, transcribed, and signed on June 14, 2022, and uploaded on June 15, 2022, as certified by stenographer Jyoti R. Mane.

This ruling highlights the judiciary’s approach in balancing the rights of the accused to appeal with the need to ensure compliance with the trial court’s orders. By ordering the deposit of 20% of the fine amount, the court aimed to strike a balance between allowing the appeal to proceed and ensuring that the accused fulfills a portion of the financial penalty imposed by the trial court.