Imran Ahmed Miraj Mohd. And Anr vs The State Of Maharashtra
2021 Latest Caselaw 14504 Bom

                     Megha                             8_IA_2347_2021.doc

                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CRIMINAL APPELLATE JURISDICTION

                                   INTERIM APPLICATION NO.2347 OF 2021
        Digitally
        signed by
MEGHA   MEGHA S
        PARAB
S
                                                   IN
        Date:
PARAB   2021.10.06
        10:48:44
        +0530

                                     CRIMINAL APPEAL NO.795 OF 2021

                     Imran Ahmed Miraj Mohd. And Anr.                 ...Applicants
                                    Versus
                     The State of Maharashtra                      ...Respondent
                                                       ....
                     Mr. M.N. Sandhyanshiv for the Applicants.
                     Mr. S.V. Gavand, APP for the Respondent-State.



                                                 CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED: 5th OCTOBER, 2021.

P.C.:-

This is an application under Section 389 of the Code of

Criminal Procedure, 1973 for suspension of substantive sentence

imposed by judgment dated 04/09/2021 passed by Additional Sessions

Judge, Malegaon in Session Case No.154 of 2016 and to enlarge the

Applicants on bail.

2. Heard learned counsel for the Applicants and learned APP

for the Respondent-State.

3. The Applicants have been held guilty of ofence under

Megha 8_IA_2347_2021.doc

Sections 143 and 323 r/w 149 of the IPC. Maximum sentence imposed is

of six months.

4. The sentence is a short term sentence. The appeal is of the

year 2021 and is already admitted. Considering the large pendency and

also considering the present situation arising due to Covid-19 pandemic,

it will not be possible to hear the appeal in immediate future.

5. Considering the above facts, the application is allowed on

following terms and conditions:-

(i) The substantive sentence imposed vide judgment dated

04/09/2021 in Session Case No.154 of 2016 is

suspended pending disposal of the appeal;

(ii) The Applicants are ordered to be released on bail on

furnishing PR bonds in the sum of Rs.10,000/- each

with one or two sureties each in the like amount;

(iii) The Applicants shall report to the Trial Court, once in

three months on the day/date specifed by the Trial

Court;

(iv) The Applicants shall keep the Trial Court informed of

their current addresses and mobile contact numbers

and/or change of residence or mobile details, if any,

Megha 8_IA_2347_2021.doc

from time to time;

(v) If there are two consecutive defaults in appearing

before the Trial Court, the learned Judge shall make

report to the High Court and the prosecution would be

at liberty to fle an application seeking cancellation of

bail;

6. The application stands disposed of.

(SMT. ANUJA PRABHUDESSAI, J.)