Mohd Rafiq Abdul Nanif Shaikh vs State Of Maharashtra
2021 Latest Caselaw 4690 Bom

                                                 1/2                 203 APEAL 542-98.doc


                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 CRIMINAL APPELLATE JURISDICTION
                                  CRIMINAL APPEAL NO. 542 of 1998
         Digitally
         signed by
Manali   Manali P.
P.
         Tilak
         Date:        Nazim Abdul Rehman Shaikh               .. Appellant
Tilak
                           Versus
         2021.03.15
         17:29:16
         +0530
                      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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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

Tilak