Nazim Abdul Rehman Shaikh vs The State Of Maharasthra
2021 Latest Caselaw 4686 Bom

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      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION
                    CRIMINAL APPEAL NO. 562 of 1998

Nazim Abdul Rehman Shaikh                     .. Appellant
     Versus
The State of Maharashtra                      .. Respondent

                                         ...

None for the appellant.
Mr.S.R. Agarkar, APP for the State,


                   CORAM: BHARATI DANGRE, J.

DATED : 15th MARCH 2021

P.C:-

1                 None for the appellant.


2                 With the assistance of the learned APP, I have

perused the Appeal Memo and the relevant papers accompanying it.

3 The appellant has assailed the judgment dated 19 th October 1996 at the hands of the Addl. Sessions Judge, Greater Mumbai in Sessions Case No. 45 of 1993 (State Vs. Nazim Abdul Rehman Shaikh & 3 ors). By the said judgment, the accused no.1 i.e. the present appellant along with two others came to be

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2/2 203 APEAL 562-98.doc

convicted for offence punishable under Section 452 and ordered to suffer RI for five years. For the conviction under Section 25(1B) read with section 3 of the Arms Act, 1959, sentence imposed was RI for two years and it was directed that the substantive sentences by the accused no.1 will run separately.

4 The learned APP has invited my attention to two important facts, being the present appellant was arrested on 11 th May 1992 i.e. on the date when the incident took place and resulted into registration of an FIR and another event being 30 th June 1991 when he was released on bail pending the Appeal. The appeal of the co-accused Ashfaq Ismail Khalpe is disposed of by this Court on 21st June 2012 on the ground that he has undergone the sentence of three years. The learned APP pointed out that the applicant was on bail during trial. In order that the Appeal should proceed, the matter is directed to be listed on 19 th March 2021 and if none represent the appellant, the Appeal would be proceeded by appointed a counsel from the Legal Aid Panel.

To be listed for orders on 19th March 2021.

SMT. BHARATI DANGRE, J

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