Introduction
The Court of Sessions for Greater Mumbai, at Mazgaon, presided over by H.H. ADDL. SESSIONS JUDGE K. P. SHRIKHANDE (C. R. No. 87), delivered an Order on April 5, 2024, granting bail to the proprietor of Ankit Industries INC., Bhupendra Parikh, following his conviction in a cheque bounce case.
The order was passed in Criminal Bail Application No. 541 of 2024, which was filed in the context of the main Criminal Appeal No. 132 of 2024. The appeal challenges the judgment of conviction passed by the trial court.
Background of the Conviction
The appellants, Ankit Industries INC. (Appellant No. 1) and its proprietor, Bhupendra Parikh (Appellant No. 2/Org. Accused), were convicted by the learned trial Court in C.C. No. 4456/SS/2018 on January 30, 2024, for the offense punishable under Section 138 read with Section 141 of the Negotiable Instruments Act, 1881 (NI Act).
The sentence imposed was:
- Simple Imprisonment for one year.
- A fine of Rs. 6,00,000/− with interest at per annum from the date of the order until realization.
- Default Sentence: In case of non-payment of the fine within one month, the appellants were to suffer further Simple Imprisonment for three months each.
Court’s Reasoning for Granting Bail
The Court briefly noted two main factors for granting bail to the Appellant/Accused No. 2, Bhupendra Parikh:
- Bail During Trial: The accused No. 2 was on bail during the period of trial. This suggests he did not misuse his liberty previously.
- Filing of Appeal and Suspension of Sentence: The appellant/accused No. 2 challenged the conviction by filing the appeal (Criminal Appeal No. 132 of 2024), and significantly, the substantive sentence of imprisonment and fine had been suspended pending the hearing of the appeal.
Considering these circumstances, the Court was of the view that the appellant/accused No. 2 could be released on bail pending the appeal.
Order Details
The Court passed the following order regarding the bail application:
- Criminal Bail Application No. 541 of 2024 is allowed.
- The appellant/accused No. 2, Bhupendra Parikh, shall be released on bail on executing the P.R. bond of Rs. 25,000/− before the trial Court.
- A time of 15 days is granted to the appellant/accused No. 2 to furnish the surety of Rs. 25,000/− before the trial Court.
- The trial Court is directed to issue the release warrant if the appellant/accused No. 2 has been sent to jail.
Conclusion
The Sessions Court’s decision to grant bail to the convicted proprietor is a routine legal step often taken after the suspension of the sentence, particularly when the accused was already out on bail during the trial proceedings and has filed an appeal challenging the conviction. This ensures that the accused’s liberty is preserved while the appellate court examines the legality of the conviction and sentence.