Munnavvarali Mohammed Sharafat ... vs The State Of Maharashtra
2021 Latest Caselaw 275 Bom

                                                                                     4 IA 208-2020 in Appeal 78-2017.doc




                                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                    CRIMINAL APPELLATE JURISDICTION

                                                      INTERIM APPLICATION NO. 208 OF 2020
                                                                      IN
                                                        CRIMINAL APPEAL NO. 78 OF 2017

                                  Munnavvarali Mohammed Sharafat Ali Khan @
                                  Munna @ Nangi Talvar                                  ... Applicant

                                             Versus

                                  The State of Maharashtra                              ... Respondent
                                                                   .....
                                  Mr. Prasad B. Kulkarni , Advocate for the Applicant (Advocate
                                  appointed by High Court Legal Aid Committee).
                                  Mrs. A. A. Takalkar, APP for Respondent - State.
                                                                   .....

                                                               CORAM        : PRAKASH D. NAIK, J.

                                                               DATE         : 06th JANUARY, 2021

                                  PC :

1. This is an application through Jail. The applicant has prayed

that the fine amount imposed on the applicant be waived or reduced

and/or the period of imprisonment the applicant had to undergo in

default be reduced.

2. The applicant was convicted in M.C.O.C. Special Case No.12 of

2015 vide Judgment and Order dated 12th April 2016. Apart from the

conviction for the offence under Section 394 r/w 34 of the Indian Digitally signed by Manish Manish S. Thatte Penal Code, the applicant was also convicted for the offence under S. Thatte Date: 2021.01.07 14:13:08 +0530

Section 3(1)(ii) of M.C.O.C. Act and sentenced to suffer R.I. for

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seven years with fine amount of Rs.5,00,000/- and in default to

suffer simple imprisonment for 1 ½ year. He is also convicted for the

offence under Section 3(4) of M.C.O.C. Act and sentenced to suffer

R.I. for seven years with fine amount of Rs.5,00,000/- and in default

to suffer simple imprisonment for 1 ½ year.

3. The judgment of conviction was challenged by the applicant

before this Court by preferring Criminal Appeal No.78 of 2017. The

appeal has been dismissed by this Court vide Judgment and Order

dated 1st March 2019. Thus, the conviction awarded by the trial

Court was confirmed. The said Judgment also indicate that the

submission of the applicant to impose sentence on par with the co-

accused was rejected.

4. The minimum sentence of fine for the conviction under the

provisions of M.C.O.C. Act for which the applicant was convicted is

Rs.5,00,000/-. In view of Judgment and Order dated 1 st March 2019

dispensing appeal the applicant is at liberty to resort to appropriate

remedy challenging the said Judgment.

5. This application is rejected.

6. The concerned Department shall pay the Professional Fees to

learned appointed Advocate in accordance with the Rules.

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7. This order be communicated to the applicant through Jail

where he has been undergoing sentence.

8. This order will be digitally signed by the Private

Secretary/Personal Assistant of this Court. All concerned will act on

production by fax or email of a digitally signed copy of this order.

                                                    (PRAKASH D. NAIK, J.)




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