The Court of Sessions for Greater Mumbai, at Mazgaon, has granted bail to Dilip Chandubhai Patel (57), who was convicted under Section 138 of the Negotiable Instruments (NI) Act (cheque bounce case).
The order, issued by H.H. Additional Sessions Judge K. P. Shrikhande on April 2, 2024, in Criminal Bail Application No. 646 of 2024, came in the background of the applicant already having filed a Criminal Appeal (No. 847 of 2023) challenging his conviction. The bail was granted because the substantive sentence of imprisonment and the direction to pay compensation were already suspended by the Appellate Court pending the final hearing of the appeal.
Conviction and Sentence Details
- Case: C.C. No. 56004378/SS/2021.
- Conviction: Offence punishable under Section 138 of the Negotiable Instruments Act.
- Sentence: Simple Imprisonment (SI) till the rising of the Court.
- Compensation: Directed to pay the complainant, Mrs. Jagruti Vijay Savla, a compensation of ₹10,00,000/- (Rupees Ten Lakhs Only) along with 9% simple interest per annum from the date of filing the complaint until realization, within one month.
- Default Sentence: In default of paying the compensation, the accused was to undergo Simple Imprisonment for six months.
Court’s Rationale for Granting Bail
Advocate Ms. Seema Pandya appeared for the appellant, while Ld. Addl. P.P. Mr. Kishor Tadavi and Ld. Adv. Ms. S. M. Munj for the complainant opposed the plea.
The Court’s decision to grant bail was based on the following key points:
- Status During Trial: The applicant was on bail during the period of the trial.
- Appeal Filed: The applicant has challenged the judgment of conviction by filing a formal appeal.
- Sentence Suspension: Crucially, the substantive sentence of imprisonment and the direction to pay compensation have already been suspended by the Appellate Court (implying the suspension occurred either in a separate order or as part of admitting the appeal).
Considering that the primary penalties were suspended pending the outcome of the appeal, the Court found it proper to release the appellant on bail.
Bail Conditions
The Criminal Bail Application No. 646 of 2024 was allowed. Dilip Chandubhai Patel was released on bail upon:
- P.R. Bond & Surety: Executing a P.R. bond of ₹25,000/- with surety in the like amount.
- Time for Surety: The appellant/accused was directed to furnish bail before the trial Court within one month.
- Provisional Bail: Liberty was granted to the appellant/accused to furnish provisional cash bail for one month.