Bombay High Court
Iliyas Issak Bagwan vs The State Of Maharashtra on 24 February, 2021
Bench: S. K. Shinde
2-ApealSt-5187-2020.odt
Shambhavi
N. Shivgan
Digitally signed by
Shambhavi N.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Shivgan
Date: 2021.02.25
CRIMINAL APPELLATE JURISDICTION
11:16:29 +0530
INTERIM APPLICATION NO.650 OF 2021
IN
CRIMINAL APPEAL (ST) NO.5187 OF 2020
Iliyas Issak Bagwan ... Applicant
Vs
The State of Maharashtra ... Respondents
...
Mr. Bharat K. Manghani for the Applicant.
Mr. Yogesh Dabke, APP for the Respondent-State.
CORAM : SANDEEP K. SHINDE J.
DATE : 24th FEBRUARY, 2021.
P.C. :
It is an application under Section 489(2) of
the Code of Criminal Procedure, 1973 whereby the
applicant is seeking suspension of sentence pending
appeal and his enlargement on bail.
2 Applicant has been convicted for the ofence
punishable under Section 307 of the Indian Penal Code,
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2-ApealSt-5187-2020.odt
1860 and sentenced to undergo rigorous imprisonment
for fve years and fne of Rs.5,000-- by the judgment
and order dated 14th October, 2020 passed in Sessions
Case No.4 of 2019 by the Additional Sessions Judge,
Pune.
3 Applicant remains incarcerated from 20 th
September, 2018, i.e. almost two years and three
months as against sentence of fve years.
4 This Court vide order dated 12th January,
2021 and 3rd February, 2021 enlarged co-accused
Shahabaz and Gous @ Maya Dastagir Shaikh on bail.
5 Heard learned counsel for the applicant and
the learned Additional Public Prosecutor for the State.
6 Perused the impugned judgment and order.
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2-ApealSt-5187-2020.odt
7 Role attributed to the applicant by the eye
witness (injured) that he inficted blow on his head by
weapon, palghan. Role attributed to Shahabaz and
Gaus Shaikh, both co-appellants was that they inficted
injury on the hand and legs of the injured. It is ,
therefore, submitted by the learned APP role attributed
to this applicant as is evident from the testimony of the
injured witness is altogether diferent than attributed to
Shahabaz and Gaus Shaikh and, therefore, he may not
be enlarged on bail.
8 True, that role attributed to the applicant is
diferent than the role attributed to Gaus Shaikh and
Shahabaz, however, a fact cannot be ignored that
applicant has undergone sentence for two years and
three months as against the sentence of fve years.
Evidence Of Dr. Naik shows, victim was admitted in
Sasson Hospital on 19th September and discharged on
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23rd September, 2019. No criminal antecedents as
against the applicant are pointed out. Additionally,
appeal is not likely to be heard within the reasonable
time.
9 Thus, in consideration of the facts of the case
and the impugned sentence imposed, on applicant-
convict in the Sessions Case No.4 of 2019 by the
Additional Sessions Judge, Pune is suspended and
applicant is directed to be released on bail on
executing PR bond in the sum of Rs.30,000-- with one
or more sureties in the like amount.
10 Pending appeal, applicant is directed to mark
his presence in the concerned police station on 2 nd
Monday of each month commencing from March, 2021
between 11 a.m. to 1 noon.
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11 Application is allowed and disposed of in
aforesaid terms.
(SANDEEP K. SHINDE, J.)
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