Rasul Sheikh Habib Sheikh vs State Of Mah., Thr. Pso P S ...
2021 Latest Caselaw 3605 Bom

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           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      NAGPUR BENCH, NAGPUR.
      CRIMINAL REVISION APPLICATION (REVN) NO.269 OF 2019
 Rasul Sheikh Habib Sheikh Vs. The State of Maharashtra, through P.S.O.,
                     Police Station, Butibori, Nagpur
_______________________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions             Court's or Judge's orders.
and Registrar's Orders.
                  Ms. Sonali Saware, Advocate for applicant.
                  Mrs. M.A. Babrabde, A.P.P. for non-applicant/State.


                                 CORAM : V.M. DESHPANDE, J.

DATE : 25th FEBRUARY, 2021.

Heard Ms. Sonali Saware, learned counsel for the applicant and Mrs. Mrunal Barabde, learned A.P.P. for the non-applicant/State.

(2) The applicant is released on bail by this Court (Coram: Rohit B.Deo,J.) on 25.10.2019. After hearing the submissions and after having gone through the impugned judgment, I am of the view that the applicant has made out a case for admission. Hence, Rule.

(3) Since applicant is released on bail he shall abide the condition. The applicant shall remain personally present in the Court at the time of final hearing of this revision.

CRIMINAL APPLICATION (APPR) NO.362 OF 2019

(4) This is an application for suspension of substantive jail sentence and grant of bail.

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         (5)            This Court (Coram : Rohit B. Deo, J.) has already

passed order on 25.10.2019 thereby releasing the applicant on bail on he furnishing P.R. bond of Rs.16,000/- and one solvent surety of like amount.

(6) Today, this Court has admitted the revision. Further, though the applicant is released on bail in the year 2019, till today there is no report from the prosecution side that the applicant has misused the liberty granted to him.

(7) In that view of the matter, the substantive jail sentence imposed on the applicant by judgment and order dated 13.10.2016 passed by the learned Judicial Magistrate First Class, Nagpur in Regular Criminal Case No.1893 of 2011, which is confirmed by judgment and order dated 24.10.2019 by the learned Additional Sessions Judge, Nagpur in Criminal Appeal No.238 of 2016, shall remain suspended during the pendency of this revision application. Since the applicant is already on bail, his bail bonds to continue.

         (8)            The application is disposed of.


                                                           JUDGE
         Wagh