Bombay High Court
Mohd. Tabrej Asir Shaikh vs The State Of Maharashtra on 19 January, 2021
Bench: R.P. Mohite-Dere
Nisha S. Digitally signed by
Nisha S. Chitnis
Chitnis Date: 2021.01.21
16:29:49 +0530
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nsc.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL INTERIM APPLICATION NO.01 OF 2020
(FOR BAIL & SUSPENSION OF SENTENCE)
IN
CRIMINAL APPEAL NO.1592 OF 2019
Mohd. Tabrej Asir Shaikh ...Applicant/Appellant
Versus
The State of Maharashtra ...Respondent
Mr. Silvin Y. Kale, for the Applicant/Appellant
Ms. S. V. Sonawane, A.P.P for the Respondent- State.
CORAM : REVATI MOHITE DERE, J.
DATE : 19th JANUARY, 2021
P.C. :
1. Heard learned counsel for the parties.
2. By this application, the Applicant has sought the following
substantive prayers:-
"21. ... .....
(a) that this Hon'ble Court be pleased to suspend the sentence;
(b) that this Hon'ble Court be pleased to release the Applicant on
bail either on his Personal Bond, or a low cash/surety bail."
3. Perused the papers. The applicant has been convicted by the
learned Additional Sessions Judge, City Civil Court, Greater Mumbai,
vide Judgment and Order dated 3rd May, 2018, passed in Sessions Case
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No.467 of 2016, for the offences punishable under Sections 395 and 397
of the Indian Penal Code and has been sentenced to suffer rigorous
imprisonment for 5 years for the offence punishable under Section 395 of
IPC and to pay fine of Rs.500/-, in default to undergo simple imprisonment
for 3 months and to suffer rigorous imprisonment for 7 years for offence
punishable under Section 397 of IPC. Being aggrieved by the said
conviction and sentence, the applicant filed an appeal in this Court being
Criminal Appeal No.1592 of 2019. The said appeal was admitted by this
Court on 22nd November, 2019. It is not in dispute that the applicant had
filed an Interim Application No.2 of 2019 and the said Interim Application
was disposed of by this Court (Coram : Nitin W. Sambre, J.) vide order
dated 6th December, 2019, by passing the following order:-
"Not on board. Taken on board.
2 I am informed that Appeal No. 1299 of 2018 preferred
by the co-accused is already allowed vide Judgment and Order
dated 18/10/2019.
3 In view of above, sentence of appellant-accused stands
suspended. He be admitted to bail on same terms and conditions on
which he was released on bail.
4 Liberty to move for final disposal in view of aforesaid
verdict dated 18/10/2019.
5 Interim Application No. 2 of 2019 stands disposed of."
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4. As recorded aforesaid, the applicant's sentence was suspended
and he was admitted to bail on same terms and conditions on which he was
released on bail. However, as the applicant was not on bail during trial, the
trial Court refused to enlarge the applicant on bail. The applicant is in
custody for last 5 years. When it was pointed out that the applicant could
not be released on bail as he was never on bail, the applicant filed the
aforesaid Interim Application No. 1 of 2020 and sought suspension of his
sentence and enlargement on bail, pending his appeal. The applicant has
undergone more than 50% of his sentence i.e. he is in custody for more
than 5 years out of the 7 years sentence imposed on him.
5. Considering the aforesaid, the application is allowed and the
applicant's sentence is suspended and he is enlarged on bail, pending the
hearing and final disposal of his Appeal, on the following terms and
conditions :-
ORDER
i) The Applicant be enlarged on bail on furnishing P.R. Bond in
the sum of Rs.5,000/- with one or two sureties in the like amount;
ii) The Applicant shall report to the trial Court, once in three
months on the day/date specified by the trial Court, till his Appeal is finally
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disposed of;
iii) The Applicant shall keep the trial Court informed of his
current address and mobile contact number 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 copy of this order, digitally signed
by the Private Secretary of this Court.
REVATI MOHITE DERE, J.
