Ali Ahamad Jibril Shah vs The State Of Maharashtra
2021 Latest Caselaw 3303 Bom

                                                                       17.IA 528-21 in Appeal 149-21.doc



                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               CRIMINAL APPELLATE JURISDICTION

                                  INTERIM APPLICATION NO. 528 OF 2021
                                                 IN
                                    CRIMINAL APPEAL NO. 149 OF 2021


                1) Ali Ahamad Jibril Shah
                2) Aarif @ Nasibdar @ Nasib-Ali
                   @ Amitabh Baur Sai @ Shah                           ...Appellants
                     Versus
                The State of Maharashtra                                ...Respondent

                Ms. Akshata Desai i/b Mr. Nitin Sejpal, Advocate for the Appellants.
                Ms. S. V. Sonawane, A.P.P for the Respondent-State.

                                                CORAM : REVATI MOHITE DERE, J.
                                                MONDAY , 22ND FEBRUARY 2021
                P.C. :

                1.       Heard learned counsel for the parties.


                2.       By this application, the applicants seek suspension of their sentences

                and enlargement on bail pending the hearing and final disposal of their

                aforesaid appeal.


                3.       The applicants vide judgment and order dated 10th December 2020

                passed by the learned Additional Sessions Judge, Mumbai in Sessions Case

                No. 6/2015, have been convicted and sentenced as under:-



Nikita Gadgil                                                                                          1/3




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                                                                      17.IA 528-21 in Appeal 149-21.doc



                - for the offence punishable under Section 489-C read with Section 34 of

                the IPC, to suffer rigorous imprisonment for three years and to pay fine of

                Rupees 5,000/-, in default, to suffer simple imprisonment for three months;

                and

                - for the offence punishable under Section 474 of the IPC,                  to suffer

                rigorous imprisonment for two years and to pay fine of Rs. 3,000/-, in

                default to suffer simple imprisonment for two months;

                Both the said sentences were directed to run concurrently.


                4.     It is not in dispute that the applicants were on bail pending trial and

                that their sentences have been suspended post their conviction. It also

                appears that whilst on bail pending trial, the applicants have not misused

                the liberty granted to them. The sentence awarded is a short term sentence

                and the appeal which is admitted today by a separate order, is not likely to

                be heard in the immediate near future. It appears that the fine amount is

                already paid.


                5.     Considering the aforesaid, the application is allowed and the

                applicants's sentence is suspended and they are enlarged on bail, pending

                the hearing and final disposal of their appeal, on the following terms and

                conditions:

Nikita Gadgil                                                                                        2/3




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                                                                           17.IA 528-21 in Appeal 149-21.doc



                                                        ORDER

i) The Applicants be enlarged on bail on furnishing P.R. Bond in the

sum of Rs.20,000/- (Rs. Twenty Thousands Only) each with one or two

local sureties in the like amount;

ii) The Applicants shall report to the trial Court, once in three months

on the day/date specified by the trial Court, till their Appeal is finally

disposed of;

iii) The Applicants shall keep the trial Court informed of their current

addresses and mobile contact numbers and/or change of residence or

mobile details, if any, from time to time;

iv) If there are two consecutive defaults in appearing before the trial

Court, the learned Judge shall make a report to the High Court and the

prosecution would be at liberty to file an application seeking cancellation

of bail.

6. The Application is allowed in the aforesaid terms and is accordingly

disposed of.

7. All concerned to act on the authenticated copy of this order.

REVATI MOHITE DERE, J.

Nikita Gadgil                                                                                             3/3