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Shafikul @ Haq Lukman Shaikh vs The State Of Maharashtra
2021 Latest Caselaw 11923 Bom

Citation : 2021 Latest Caselaw 11923 Bom
Judgement Date : 26 August, 2021

Bombay High Court
Shafikul @ Haq Lukman Shaikh vs The State Of Maharashtra on 26 August, 2021
Bench: Anuja Prabhudessai
                                                                   7 (ii) ia 1136-19.doc


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         CRIMINAL APPELLATE JURISDICTION

                         INTERIM APPLICATION NO. 1136 OF 2019
                                          IN
                               APPEAL NO. 1521 OF 2019

             Shafikul @ Haq Lukman Shaikh                  ..Applicant

                         v/s.

             The State of Maharashtra                ..Respondent/s

             Mr. Neville Debou for the Applicant.
             Mr. S.V.Gavand, APP for the Respondent-State.

                                CORAM : ANUJA PRABHUDESSAI, J.

DATED : 26th AUGUST, 2021.

P.C.

1. The Applicant has been convicted for offence under Section

489(C) of Indian Penal Code and sentenced to undergo rigorous

imprisonment for 3 years with fine of Rs.5000/- i.d. to undergo

simple imprisonment for 3 months.

2. Learned Counsel for the Applicant states that the fine

amount has already been deposited before this Court. The

Applicant has been sentenced to undergo short term

imprisonment. Considering the large pendency of cases, as well as

Salgaonkar 1 of 2 7 (ii) ia 1136-19.doc

the present situation arising from COVID 19, it will not be possible

to take up the matter for hearing in immediate future.

3. Considering the above facts, as also considering the nature of

the allegations leveled against the Applicant, the execution of

sentence is suspended pending the disposal of the appeal on

merits. Hence the order:

(i) The application is allowed.

(ii) The execution of sentence imposed by the learned

Session Judge, Gr. Mumbai, in Sessions Case No.500 of 2018

vide judgment dated 07.10.2019, is suspended till disposal

of the appeal on merits, on the applicant furnishing Bail

Bond in the sum of Rs.15000/- (Rupees Fifteen Thousand

Only) with one or two solvent sureties in the like amount;

(iii) The applicant shall keep the trial Court informed of his

current address and mobile/contact numbers and/or change

of residence or mobile details, if any, from time to time.

. Application is accordingly disposed of.

Digitally signed by PRASANNA P PRASANNA P SALGAONKAR SALGAONKAR Date:

2021.08.27 17:45:27 (ANUJA PRABHUDESSAI, J.) +0530

Salgaonkar 2 of 2

 
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