The Court of Sessions for Greater Mumbai, at Mazgaon, granted post-conviction bail to the appellant, Hanmant Bapurao Bhosale, in an order dated April 29th, 2024. The application, Criminal Bail Application No. 950 of 2024, arose from Criminal Appeal No. 247 of 2024 and relates to a conviction under Section 138 of the Negotiable Instruments (NI) Act, 1881. The decision reflects the established judicial practice of securing the liberty of a convicted person when their sentence is suspended pending an appeal.

The Conviction and Sentence

The appellant, Hanmant Bapurao Bhosale (Proprietor of M/s. Shri Tulja Bhavani Krushi Seva Kendra), was convicted by the learned trial court in C.C. No. 5600911/SC/2023 by its judgment dated March 16th, 2024, for the offense of cheque dishonor under the NI Act.

The sentence imposed was:

1. Imprisonment: Simple Imprisonment (S.I.) till the rising of the Court. This minimal custodial sentence indicates the focus was on compensation.
2. Compensation: The appellant was directed to pay a compensation of ₹1,70,000/- along with 9% simple interest per annum from the date of filing the complaint until realization, payable within one month.
3. Default Clause: In default of the compensation payment, the appellant was to undergo Simple Imprisonment for six months.

Grounds for Release on Bail

The court, presided over by Addl. Sessions Judge K. P. Shrikhande, considered the application filed by the appellant’s advocate. The decision to grant bail was based on two primary factors, which are routinely applied in post-conviction bail matters:

1. Prior Conduct: The appellant/accused was on bail during the entire period of the trial. This indicated that he was compliant with the judicial process and not a flight risk.
2. Suspension of Sentence: Since the appellant challenged the conviction by filing a Criminal Appeal, the substantive sentence of imprisonment and the direction to pay compensation were automatically suspended pending the appeal’s final determination.

Given that the sentence was suspended and the appellant had an unblemished record of adhering to bail conditions during the trial, the court concluded that he was entitled to be released on bail.

The Bail Order

The Court accordingly allowed Criminal Bail Application No. 950 of 2024. Hanmant Bapurao Bhosale was ordered to be released on bail upon:

• Executing a Personal Recognizance (P.R.) bond of ₹20,000/- with surety in the like amount.
• The appellant was given one month to furnish bail before the trial court.
• Significantly, the court granted the appellant liberty to furnish cash security in lieu of solvent surety, a provision designed to expedite the release process for applicants who face difficulty arranging a formal surety quickly.

The order ensures that the appellant remains free while his appeal against the conviction and compensation order is heard and disposed of by the appellate court.