The Sessions Court for Greater Mumbai, sitting at Mazgaon, has granted bail to Arvindkumar S. Mishra following his conviction in a cheque dishonor case under Section 138 of the Negotiable Instruments (NI) Act, 1881.
The bail application was filed in the context of a pending criminal appeal challenging the conviction.
The Conviction and Sentence
The appellant, Arvindkumar S. Mishra (Proprietor of Nirmala Enterprises), was convicted by the trial court in C.C. No. 5604188/SS/2019 via a judgment dated March 14, 2024. His sentence was:
- Simple Imprisonment till the rising of the Court.
- Payment of compensation of Rs. 5,00,379/− (Rupees Five Lakh, Three Hundred Seventy-Nine Only) to the complainant, M/s. J. S. Building Material Suppliers Pvt. Ltd.
- The compensation was to be paid along with $\text{9%}$ simple interest per annum from the date of filing of the complaint until realization, within one month.
- In default of payment, he was sentenced to undergo Simple Imprisonment for six months.
Bail Granted Pending Appeal
Additional Sessions Judge K. P. Shrikhande (C.R. No.87) issued the order on April 20, 2024. The court considered that since the appellant was already on bail during the trial and had challenged the conviction by filing a criminal appeal, releasing him on bail was appropriate. This is consistent with the fact that the substantive sentence of imprisonment and the direction to pay compensation have been suspended pending the outcome of the appeal.
Arvindkumar S. Mishra was granted bail on the following terms:
- He must execute a Personal Recognizance (P.R.) bond of Rs. 25,000/− with a surety in the like amount.
- He is permitted to furnish cash security in lieu of a solvent surety.
- He must furnish bail before the trial Court within one month.
The Criminal Bail Application No. 986 of 2024 was disposed of accordingly.