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