Shahabaz @ Chinya Sadik Bagwan vs The State Of Maharashtra
2021 Latest Caselaw 642 Bom

                                                                7.Cri.IA 81-2021 in Appeal St.5187-2020.doc




         Digitally
         signed by
                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Neeta    Neeta S.
S.
         Sawant
         Date:                    CRIMINAL APPELLATE JURISDICTION
Sawant   2021.01.12
         16:46:32
         +0530
                                         Criminal I.A. No. 81 / 2021
                                                     in
                                   Criminal Appeal Stamp No. 5187 / 2020

                      Shahabaz @ Chinya Sadik Bagwan                              .. Applicant
                            Vs.
                      The State of Maharashtra                                    .. Respondent

                                                     ****

Mr. Bharat K. Manghani, Advocate for the Applicant. Ms. Veera Shinde, APP for State/ Respondent.

****

CORAM : SANDEEP K. SHINDE J.

                                          DATE         : 12th JANUARY, 2021

                      P.C. :-

                            Heard.

1. Pending appeal, applicant seeks his enlargement on bail.

2. Applicant has been convicted for the ofence punishable

under Section 307 and sentenced to undergo rigorous

imprisonment for fve years and fne of Rs. 15000/- by judgment

7.Cri.IA 81-2021 in Appeal St.5187-2020.doc

and order dated 14th October, 2020 passed by the learned

Additional Sessions Judge, Pune in Sessions Case No. 4 / 2019.

3. Applicant, remained incarcerated since 28th September, 2018,

that is almost for two years and three months, as against the

sentence for fve years.

4. I have perused the judgment and notes of evidence. It is

unfolded in evidence that the applicant had inficted injury, on left

leg of the complainant by, weapon called, 'Palghan' and

corresponding injury was found and noted by the Medical Ofcer,

i.e. CLW over left leg upper part 4 x 2 x 1 cm.

5. The two co-accused as it appears from the evidence, since

were hourbouring grudge against the injured had assaulted the

complainant by weapon called 'Palghan' on his head and hand. The

Medical Ofcer therefore, opined had the injured not been treated

in time, in the ordinary course, he would have succumb to injuries.

Be that as it may, in consideration of the evidence of Dr. Madhushri

7.Cri.IA 81-2021 in Appeal St.5187-2020.doc

Naik (PW-5) and a fact that applicant has already undergone

imprisonment for two years, application is allowed. He is directed

to be released on bail on executing P.R. bond in the sum of Rs.

30,000/- with one or more sureties in the like amount.

6. Pending appeal, the applicant is directed mark his presence

in the concerned Session Court, which has convicted the applicant,

on 2nd Monday of each month from February, 2021 between 11 am.

to 01 pm. for a period of one year.

7. Application is allowed and disposed of.

(SANDEEP K. SHINDE, J.)

NAJEEB..