Bombay High Court
Saeed Ahmd. Shafique Ahmd. @ Saeed ... vs The State Of Maharashtra on 25 March, 2021
Bench: R.P. Mohite-Dere
Digitally
signed by
Shagufta Shagufta Q.
Pathan
Q. Date: 10-IA-1112-2021.doc
Pathan 2021.03.30
12:01:08
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL INTERIM APPLICATION NO. 1112 OF 2021
IN
CRIMINAL APPEAL NO. 301 OF 2021
1. Saeed Ahmd. Shafique Ahmd. @
Saeed Baba
2. Liyakat Ali Niyaz Ali (Dead)
3. Eklakh Ahmd. Abdul Gaffar @
Eklakh Khabare
4. Anwar Ali Niyaz Ali
5. Samsher Ali Tayyab Ali ...Applicants
Versus
The State of Maharashtra ...Respondent
Mr. M. N. Sandhyanshiv for the Applicants
Mr. P. H. Gaikwad-Patil, A.P.P for the Respondent-State
CORAM : REVATI MOHITE DERE, J.
THURSDAY, 25th MARCH 2021
P.C. :
1 Heard learned counsel for the parties.
2 By this application, the applicants seek suspension of their
sentence and enlargement on bail, pending the hearing and final disposal
of the appeal.
SQ Pathan 1/4
10-IA-1112-2021.doc
3 The applicant Nos. 1 and 3 to 5, vide judgment and order dated
9th March 2021 passed by learned Additional Sessions Judge, Malegaon, in
Sessions Case No. 24 of 2009, have been convicted and sentenced as
under:
- for the offences punishable under Sections 143, 147, 148 r/w
149 of the Indian Penal Code, to suffer rigorous imprisonment for 2
years and to pay fine of Rs.2,000/- each, in default of payment of
fine, to undergo rigorous imprisonment for 1 month;
- for the offence punishable under Sections 332 r/w 149 of the
Indian Penal Code, to suffer rigorous imprisonment for 2 years and
to pay fine of Rs.2,000/- each, in default of payment of fine, to
undergo rigorous imprisonment for 1 month;
- for the offence punishable under Sections 353 r/w 149 of the
Indian Penal Code, to suffer rigorous imprisonment for 2 years and
to pay fine of Rs.2,000/- each, in default of payment of fine, to
undergo rigorous imprisonment for 1 month;
All the aforesaid sentences were directed to run concurrently.
SQ Pathan 2/4
10-IA-1112-2021.doc
4 The maximum sentence imposed on the applicants, is 2 years.
It is not in dispute that the applicants were on bail pending trial and post
their conviction, their sentence has been suspended. It is also not in dispute
that the applicants have not misused or abused the liberty granted to them.
The applicants have deposited the fine amount as awarded by the trial
Court. The appeal has been admitted by a separate order passed today and
the same is not likely to come up for hearing in the immediate near future.
The sentence awarded is a short term sentence.
5 Accordingly, the application is allowed and the applicants'
sentence is suspended and they are enlarged on bail, pending the hearing
and final disposal of the appeal, on the following terms and conditions :-
ORDER
(i) The applicants be enlarged on bail on furnishing P.R.
Bond in the sum of Rs. 15,000/- each, with one or two sureties in the
like amount;
ii) The applicants shall report to the trial Court, once in four
months on the day/date specified by the trial Court, till their appeal is
finally disposed of;
SQ Pathan 3/4
10-IA-1112-2021.doc
iii) The applicant shall keep the trial Court informed of his
current address and mobile contact number and/or change of
residence or mobile details, if any, from time to time;
iv) 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.
6 The application is disposed of accordingly.
7 All concerned to act on the authenticated copy of this order.
REVATI MOHITE DERE, J.
SQ Pathan 4/4
