The Court of Sessions for Greater Mumbai, at Mazgaon, granted post-conviction bail to the appellant, Miss. Dipali Jagdish Mhatre, in an order dated March 6th, 2024. The application, Criminal Bail Application No. 543 of 2024, arose from Criminal Appeal No. 133 of 2024 and relates to the appellant’s conviction for offenses under Sections 392 (Robbery) and 342 (Wrongful Confinement) of the Indian Penal Code (IPC). The decision was made following the court’s inclination to suspend the impugned sentence under Section 389 of the Code of Criminal Procedure (Cr.P.C.) while the appeal is pending.
Background and Submission
The appellant, Miss. Dipali Jagdish Mhatre, was the original accused convicted by the Ld. Metropolitan Magistrate, 62nd Court, Dadar, Mumbai, in C.C. No. 686/PW/2021. Following her conviction, she filed an appeal challenging the judgment. The present bail application was submitted to secure her release during the pendency of the appeal.
The appellant’s counsel, Ld. Advocate S. S. Jagtap, requested that the appellant be released on the previous cash bail furnished before the trial court. The key argument was that the appellant had already undertaken to attend the appeal dates regularly and punctually and had already annexed her P.R. Bond of ₹50,000/-.
The prosecution, represented by Ld. A.P.P. B.G. Pande, strongly resisted the bail application, stating that the appellant was a convict in accordance with the law.
The Court’s Rationale and Order
The court, presided over by H.H. The Addl. Sessions Judge S. P. Pingle, considered the rival submissions. The central factor guiding the decision was the court’s inherent power under Section 389 of the Cr.P.C. to suspend the execution of the sentence pending an appeal. Once the appellate court is inclined to suspend the sentence, the necessity of keeping the convicted person in judicial custody ceases to exist.
Based on this, the court decided to allow the application and passed the following order:
- Bail Condition: The appellant was directed to furnish before the Ld. Trial Court (62nd M.M. Court, Dadar, Mumbai) a Personal Bond (P.B.) and a Surety Bond (S.B.) of ₹75,000/- with one or two solvent sureties.
- Attendance: The appellant must attend the dates of the appeal regularly, as undertaken.
This order supersedes the appellant’s request to be released on the previous cash bail and mandates the execution of a higher bond amount with solvent sureties, ensuring her presence during the appellate proceedings while upholding her right to liberty during the judicial review of her conviction. The Criminal Bail Application No. 543 of 2024 was disposed of accordingly.