Asarul Nazir Hussein Shaikh vs The State Of Maharashtra
2021 Latest Caselaw 9307 Bom

P.H. Jayani                                        09 IA1676.2021.doc

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CRIMINAL APPELLATE JURISDICTION

                 INTERIM APPLICATION NO. 1676 OF 2021
                                WITH
                 INTERIM APPLICATION NO. 1675 OF 2021
                                  IN
                    CRIMINAL APPEAL NO. 530 OF 2021

Mr. Asarul Nazir Hussein Shaikh                .... Applicant
           v/s.
The State of Maharashtra                       .... Respondent

Mr. Priyatosh Tiwari i/b. Mr. Ashok M. Saraogi for the Applicant.
Mr. S.V. Gavand, APP for the State.


                        CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 15th JULY, 2021.

P. C. :-

. These are Applications under Section 389 of Cr.P.C. filed by the

aforesaid Applicant praying for suspension of substantive sentence

imposed by judgment dated 19/03/2021 passed by learned Additional

Sessions Judge, City Civil and Sessions Court, for Greater Bombay in

Sessions Case No.712/2014 and enlarge the Applicant on bail.

2. The Applicant who was accused no.5 in Sessions Case

No.712/2014 has been convicted for offences punishable under

Sections 489-B, 489-C, 489-E and 120-B of the Indian Penal Code (IPC)

P.H. Jayani 09 IA1676.2021.doc

and sentenced as under :-

(i) to undergo rigorous imprisonment for a period of ten years

and to pay fine of Rs.10,000/- in default to undergo rigorous

imprisonment for one year for an offence punishable under

Section 489-B of IPC ;

(ii) to undergo rigorous imprisonment for a period of seven

years and to pay fine of Rs.5,000/- in default to undergo rigorous

imprisonment for six months for an offence punishable under

Section 489-C of IPC ;

(iii) to pay fine of Rs.100/- each in default, three days simple

imprisonment for an offence punishable under Section 489-E of

IPC ;

(iv) to undergo rigorous imprisonment for a period of ten years

and to pay fine of Rs.10,000/- in default to undergo rigorous

imprisonment for one year for an offence punishable under

Section 120-B of IPC.

      (v)     The Applicant and the other co-accused have been



 P.H. Jayani                                          09 IA1676.2021.doc

acquitted for offences under Sections 15 (1) (iii) (a) punishable

under Section 16 of the UAP Act and Section 18 of the UAP Act.

(vi) The sentences of imprisonment are ordered to run

concurrently.

3. A perusal of the impugned judgment clearly indicates that the

Applicant is in custody since 04/07/2014. He has undergone 3/4th of

sentence awarded by the Trial Court. Considering this fact and that the

final disposal of the Appeal is likely to take time, in my considered

view, this is a fit case for suspension of sentence pending hearing of the

Appeal and enlarge the Applicant on bail.

4. Hence, the Interim Applications are allowed on following terms

and conditions :-

(a) The Applicant is ordered to be released on bail on furnishing bail

bonds of Rs.20,000/- (Rupees Twenty Thousand) with one or two

sureties in the like amount to the satisfaction of the Trial Court ;

(b) The Applicant shall report to the Trial Court, once in four months

on the day/date specified by the Trial Court, till the Appeal is finally

P.H. Jayani 09 IA1676.2021.doc

disposed of ;

(c) The Applicant shall keep the Trial Court informed of his current

address and mobile contact numbers and/or change of residence or

mobile details, if any, from time to time ;

(d) 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.

5. The Interim Application Nos.1676/2021 and 1675/2021 stand

disposed of in above terms.

(SMT. ANUJA PRABHUDESSAI, J.) PREETI H JAYANI Digitally signed by PREETI JAYANI Date: 2021.07.17 14:14:41 +0530