Imtiyaz Islam Khan @ Kallu And Anr vs The State Of Maharashtra
2021 Latest Caselaw 18004 Bom

P.H. Jayani                                        03(b) IA3250.2021.doc



              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CRIMINAL APPELLATE JURISDICTION

                 INTERIM APPLICATION NO. 3250 OF 2021
                                  IN
                   CRIMINAL APPEAL NO. 1042 OF 2021

1. Imtiyaz Islam Khan @ Kallu
2. Sohail Islam Khan @ Kallu                   .... Applicants
             v/s.
The State of Maharashtra                       .... Respondent

Mr. Nitin Sejpal a/w. Ms. Akshata Desai for the Applicants.
Mr. P.H. Gaikwad, APP for the State.
Mr. Nandkishor R. Bodare, PSI, Kandivali Police Station, present.

                        CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 23rd DECEMBER, 2021.

P. C. :-

. This is an Application under section 389 of Cr.P.C. filed by the

aforesaid Applicants who are accused nos.2 and 3 in Sessions Case

No.439/2016 passed by the Additional Sessions Judge, City Civil &

Sessions Court, Borivali Division, Dindoshi, Goregaon, Mumbai.

2. By the impugned judgment dated 07/12/2021, the learned Judge

has held the Applicants guilty of offence under section 324 of IPC and

sentenced them to undergo imprisonment for three years with fine of

Rs.5,000/- in default imprisonment for three months.

P.H. Jayani 03(b) IA3250.2021.doc

3. Mr. Nitin Sejpal, learned counsel for the Applicants states that the

Applicants had filed an Application before the trial Court to enlarge

them on bail and that by order dated 07/12/2021, the learned Judge

has suspended the sentence till the filing of the Appeal, on furnishing

cash bail. He submits that the order is still not uploaded. However, he

has placed on record the receipt (Exhibit - E) at page no.226 indicating

that the Applicants have deposited cash bail of Rs.15,000/-.

Considering the above facts and circumstances and also considering the

fact that the sentence imposed is of short term imprisonment, the

following order is passed :-

(a) The Applicants are ordered to be released on interim

bail till the next date of hearing on furnishing bail bonds in

the sum of Rs.15,000/- each with one or two sureties in the

like amount.

4. Stand over to 12/01/2022.

PREETI                                                  (SMT. ANUJA PRABHUDESSAI, J.)
H JAYANI
Digitally signed by
PREETI H JAYANI
Date: 2021.12.23
12:47:52 +0530