The Court of Sessions for Greater Mumbai, at Mazgaon, has granted bail to K. S. Sandhu (56), who was convicted under Section 138 of the Negotiable Instruments (NI) Act in a cheque bounce case.
H.H. Additional Sessions Judge K. P. Shrikhande allowed the application (Criminal Bail Application No. 957 of 2024) on April 19, 2024. The bail was granted because the applicant had already filed a Criminal Appeal (No. 251 of 2024) challenging his conviction, and the substantive sentence of imprisonment and compensation order had been suspended by the appellate court pending the disposal of the appeal.
Conviction and Sentence Details
- Case: C.C. No. 1863/SS/2015.
- Conviction: Offence punishable under Section 138 of the Negotiable Instruments Act.
- Sentence: Simple Imprisonment (SI) for six months.
- Compensation: Directed to pay the complainant a compensation of ₹41,44,000/- (Rupees Forty-One Lakhs Forty-Four Thousand Only) within three months.
- Default Sentence: In default of paying the compensation, the accused was to suffer Simple Imprisonment for six months.
Court’s Rationale for Granting Bail
The Court’s decision was based on the standard legal practice in appeal proceedings where the sentence is suspended:
- Prior Bail Status: The applicant was on bail during the period of the trial.
- Appeal Filed: The applicant has challenged the legality and propriety of the conviction by filing an appeal.
- Sentence Suspension: The Court confirmed that the substantive sentence of imprisonment and compensation have been suspended pending the outcome of the appeal.
Since the primary penalties have been suspended pending the appeal’s hearing, the Court found that the applicant was entitled to be released on bail.
Bail Conditions
The Criminal Bail Application No. 957 of 2024 was allowed. K. S. Sandhu was released on bail upon:
- P.R. Bond & Surety: Executing a P.R. bond of ₹30,000/- with surety in the like amount.
- Time for Surety: The appellant/accused was directed to furnish bail before the trial Court within one month.
- Cash Security Option: Liberty was given to the appellant/accused to furnish cash security in lieu of a solvent surety.