Bombay High Court
Sarfaraj @ Pappa Allauddin Sayyad vs The State Of Maharashtra on 30 November, 2021
Bench: C.V. Bhadang
8 ia 633-20.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 633 OF 2020
SNEHA
NITIN
IN
CHAVAN CRIMINAL APPEAL NO. 204 OF 2020
Digitally signed
by SNEHA
NITIN CHAVAN
Date:
Sarfaraj @ Pappa Allauddin Sayyad ..Applicant
V/s.
2021.11.30
14:46:42 +0530
The State of Maharashtra ..Respondent
----
Mr. Lokesh Zade for the Applicant.
Mr. R.M. Pethe, APP for the Respondent No.1/State.
----
CORAM : C.V. BHADANG, J.
DATE : 30 NOVEMBER 2021
P.C.
1. This is an application for suspension of sentence and for
bail. The applicant is original accused No.2. The applicant along
with co-accused Krushna @ Kittya Ghanteshwar were tried
before the learned Sessions Judge at Pune in Sessions Case No.
816 of 2017 for the offence under Section 307, 323, 504, 506
read with Section 34 of IPC and Section 4 (25) of the Arms Act
ad Section 37(1)(3) read with Section 135 of the Maharashtra
Police Act. There was a third assailant who is stated to be a
juvenile, who has been proceeded separately before the Juvenile
Justice Board.
Sneha Chavan page 1 of 3
8 ia 633-20.doc
2. The learned Sessions Judge by the impugned Judgment
dated 29.01.2020 has convicted the applicant and the co-accused
for the offence under Section 307, 323 read with Section 34 of
IPC and the applicant has been sentenced to suffer rigorous
imprisonment for four years with fine under Section 307 and to
suffer rigorous imprisonment for three months under Section
323 read with Section 34 of IPC. The applicant has been
acquitted from the offence under Section 504 and 506 read with
Section 34 of IPC and under the Arms Act as well as the
Maharashtra Police Act.
3. I have heard the learned counsel for the applicant and the
learned APP.
4. The learned counsel for the applicant points out that the
applicant was arrested on 06.08.2017 i.e. date of the incident and
was released on bail on 12.12.2017 and the applicant has again
been taken in custody for serving the sentence on 29.01.2020 i.e.
the date of his conviction. The learned counsel pointed out that
the applicant has undergone imprisonment for more than two
years. It is also submitted that the eye witness PW-3 has only
stated about an assault by kicks and fists blows. In the submission
of the learned counsel for the applicant the nature of the injuries
are not relatable to an assault by sickle as alleged by the
prosecution and the Medical Officer has also found that the
Sneha Chavan page 2 of 3
8 ia 633-20.doc
victim was under influence of liquor and therefore, the possibility
of injuries being accidentally sustained, cannot be ruled out.
5. Upon hearing the learned counsel for the applicant and the
learned APP and having regard to the fact that the maximum
sentence imposed is four years out of which the applicant has
undergone more than two years of imprisonment and the fact
that the applicant was on bail and further having regard to the
nature of the submissions made on behalf of the applicant, I find
that the application deserves to be granted.
6. Hence, the following order:
i) The substantive sentence of imprisonment awarded
to the applicant is hereby suspended pending disposal of the
appeal, subject to the applicant furnishing a PR bond of
Rs.20,000/- with one or two solvent sureties in the like amount
and on payment of fine, if not already paid.
ii) The applicant shall undertake to remain present
before this Court as and when directed.
iii) The bail bonds to be furnished before the learned
Sessions Judge.
iv) Interim Application is disposed of in the aforesaid
terms.
(C.V. BHADANG, J.)
Sneha Chavan page 3 of 3
