Salauddin @ Babbu @ Chikana ... vs The State Of Maharashtra
2021 Latest Caselaw 2062 Bom

                                                                  6.1 Cri. IA 703-2020 in Appeal 224-2020.doc



         Digitally

                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
         signed by
Neeta    Neeta S.
         Sawant
S.       Date:
Sawant   2021.02.01
         17:54:37
                                     CRIMINAL APPELLATE JURISDICTION
         +0530

                                          Criminal I.A. No. 703 / 2020
                                                        in
                                        Criminal Appeal No. 224 / 2020

                      Salauddin @ Babbu @ Chikana
                      Mainuddin Kureshi And Anr.                                     .. Appellants
                             Vs.
                      The State of Maharashtra                                       .. Respondent


                                                      ****

Mr. Milan Desai i/by Mr. T.R. Patel, Advocate for Appellant in Appeal 224/2020 Mr. R.M. Pethe, APP for State/ Respondent. Mr. Ravikant Sawant, Kandivali Police Station.

****

CORAM : SANDEEP K. SHINDE J.

                                          DATE      : 1st FEBRUARY, 2021.
                      P.C. :-

                             Heard.

1. It is an application for suspension of sentence.

2. Pending appeal, learned Additional Sessions Judge convicted

the appellant for the ofences punishable under Sections 393 and

Najeeb 1/3 6.1 Cri. IA 703-2020 in Appeal 224-2020.doc

394 of the Indian Penal Code, 1860 and sentenced to sufer

rigorous imprisonment for two years and three years respectively

by judgment and order dated 27th January, 2020. Soon thereafter,

the learned Sessions Court suspended the sentence under Section

389 (3) (i) of the Code of Criminal Procedure, 1973.

3. Counsel for the Appellant has produced before me a

'Roznama' which shows the order of suspending the sentence was

extended for a period of one month. It is submitted thereafter the

matter could not be taken up due to lockdown.

4. Thus, in view of the facts of the case and sentence being a

short term sentence, it is accordingly suspended and hence the

following order.

5. Pending Appeal No. 224/2020, Appellant Mukesh Ramnayan

Gupta @ Chutka is directed to be released on bail on same terms

and conditions as he was released pending trial by the learned trial

Court with fresh bond and sureties.

6. The appellant shall report to the concerned Police Station,

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once in a month i.e. 2nd Monday of each month, commencing from

8th February, 2021 between 11 am. to 01 pm. till the appeal is taken

up for fnal hearing.

7. Application is allowed and disposed of.

                              (SANDEEP K. SHINDE, J.)




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