Bombay High Court
Mohamed Salman Mohd. Sharif ... vs The State Of Maharashtra on 3 May, 2021
Bench: R.P. Mohite-Dere
23. IA 1305-21 in A 396-21.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 1305 OF 2021
IN
CRIMINAL APPEAL NO. 396 OF 2021
1. Mohamed Salman Mohd.Sharif Shaikh
2. Raghavendra Ramnivas Singh ...Applicants
Versus
The State of Maharashtra ...Respondent
Mr. Aniket Vagal for the Applicants.
Mr. S.V.Gavand, A.P.P for the Respondent-State.
CORAM : REVATI MOHITE DERE, J.
DATE : 3rd MAY, 2021
(Through Video Conferencing)
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
their appeal.
3. The applicants alongwith other co-accused, vide judgment and
order dated 19/03/2021 passed by the learned Additional Sessions Judge,
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23. IA 1305-21 in A 396-21.doc
Greater Mumbai, in Sessions Case No.712 of 2014, have been convicted
and sentenced as under :-
- for the offence punishable under Section 489-B of the Indian
Penal Code to suffer rigorous imprisonment for 10 years and to pay
fine of Rs.10,000/- each, in default to undergo further rigorous
imprisonment for 1 year;
- for the offence punishable under Section 489-C of the Indian
Penal Code to suffer rigorous imprisonment for 7 years and to pay
fine of Rs.5,000/- each, in default, to undergo further rigorous
imprisonment for 6 months;
- for the offence punishable under Section 489-E of the Indian
Penal Code, to pay fine of Rs.100/- each, in default, to undergo
further simple imprisonment for 3 days;
- for the offence punishable under Section 120-B of the Indian
Penal Code to suffer rigorous imprisonment for 10 years and to pay
fine of Rs.10,000/- each, in default to undergo further rigorous
imprisonment for 1 year;
The applicants were acquitted of the offence punishable under
Sections 15(1)(iii)(a) punishable under Section 16 of the Unlawful
Activities (Prevention) Act and Section 18 of the Unlawful Activities
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23. IA 1305-21 in A 396-21.doc
(Prevention) Act.
All the substantive sentences were directed to run concurrently.
4. Learned Counsel for the applicants submits that the applicants
have been in custody since June, 2014 for about 7 years. He submits that
the applicants have already undergone 3/4th of the sentence. He submits
that apart from the aforesaid offence, the applicants have no other
antecedents. He submits that considering the fact that the applicants have
undergone 3/4th of the sentence awarded by the Trial Court for the offences
punishable under Sections 489-B, 489-C and 489-E of the Indian Penal
Code, the applicants be enlarged on bail.
5. Having regard to what is stated aforesaid, that the applicants
have undergone more than 3/4th of the sentence awarded to them, the
applicants' sentence is suspended and they are enlarged on bail, pending the
hearing and final disposal of their 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.20,000/- each with one or two sureties in the like amount;
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23. IA 1305-21 in A 396-21.doc
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;
iii) The applicants shall keep the trial Court informed of their
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 accordingly disposed of.
7. All concerned to act on the authenticated copy of this order.
REVATI MOHITE DERE, J.
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