Samad Salar Sayyad And Anr vs The State Of Maharashtra
2021 Latest Caselaw 2892 Bom

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         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     BENCH AT AURANGABAD

                       CRIMINAL APPEAL NO.49 OF 2021
                                   WITH
                    CRIMINAL APPLICATION NO.306 OF 2021
                                    IN
                       CRIMINAL APPEAL NO.49 OF 2021

                     SAMAD SALAR SAYYAD AND ANR
                                  VERSUS
                      THE STATE OF MAHARASHTRA
                                     ...
     Advocate for the Appellants/ Applicants : Shri Narwade Narayan B.
                 APP for the Respondent : Shri S.D. Ghayal
                                     ...

                                    CORAM : RAVINDRA V. GHUGE
                                                    &
                                            B. U. DEBADWAR, JJ.

DATE :- 12th February, 2021

Per Court :-

1. By the impugned judgment dated 22.01.2021, the appellants

have been held guilty of having committed offences, (a) punishable under

Section 302 (appellant No.1) and (b) Section 323 (appellant No.2) of the

Indian Penal Code in Sessions Case No.214/2018, by the learned

Additional Sessions Judge, Ahmednagar.

2. The Criminal Appeal is ADMITTED. The learned prosecutor

waives service of notice on admission.

3. The Trial Court is requested to prepare an appeal paper book

as expeditiously as possible and preferably on or before 30.06.2021 and

*2* 905apeal49o21

transmit the same along with the original record and proceedings and

muddemal property, by 31.07.2021.

4. All office objections shall be removed on or before

04.03.2021, failing which, this appeal shall stand dismissed without

reference to the Court on 05.03.2021.

5. Insofar as Criminal Application No.306/2021 is concerned,

applicant No.2 (Shakur Salar Sayyad) has been sentenced to suffer

imprisonment for six months for having committed an offence punishable

under Section 323 of the Indian Penal Code. The fine of Rs.1000/- is said

to be deposited.

6. The learned prosecutor submits that there could be no

objection for suspending the sentence as regards applicant No.2 (Shakur

Salar Sayyad).

7. As such, the substantive sentence awarded to applicant No.2

vide clause 2 of the operative part of the impugned order dated

22.01.2021, shall stand suspended until further orders and the said

applicant No.2/ accused No.2 (Shakur Salar Sayyad) shall be released on

bail on his tendering/ furnishing a P.R. bond of Rs.15,000/- (Rupees

Fifteen Thousand) with one surety in the like amount.

kps (B. U. DEBADWAR, J.) (RAVINDRA V. GHUGE, J.)