Shaker Hamid Hashmi vs The State Of Maharashtra
2022 Latest Caselaw 3749 Bom

                                                          Cri. Appln. No.989/2022
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           IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                               BENCH AT AURANGABAD


               CRIMINAL APPLICATION NO.989 OF 2022 IN
                   CRIMINAL APPEAL NO.206 OF 2022


 Shaker s/o Hamid Hashmi                               ... APPLICANT

          VERSUS

 The State of Maharashtra                              ... RESPONDENT

                               .......
 Mr. B.N. Gadegaonkar, Advocate for applicant
 Mr. S.P. Sonpawale, A.P.P. for respondent
                               .......

                                  CORAM :         R. G. AVACHAT, J.
                                  DATE :          6th APRIL, 2022.
 PER COURT :


                  Heard. Perused paragraph No.50 of the impugned

 judgment and order of conviction and resultant sentence. The

 applicant has been convicted with the aid of Section 34 of the

 Indian       Penal      Code     and    sentenced       to    suffer      rigorous

 imprisonment for ten years and to pay fine of Rs.25,000/-, in

 default to suffer rigorous imprisonment for six months for the

 offence punishable under Section 304 Part II read with

 Section 34 of the Indian Penal Code.                  The applicant is also

 sentenced to suffer rigorous imprisonment for one month for

 the offence punishable under Section 323 read with Section




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                                                    Cri. Appln. No.989/2022
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 34 of the Indian Penal Code. The appeal filed by the appellant

 has been admitted by this Court.


 2.               The applicant has assaulted the deceased with

 fists and kicks while the co-convict banged the head of the

 deceased against iron grill and gave fatal kick. The applicant

 has been behind the bars for little over four years.                      The

 appeal is not likely to come up for hearing in immediate

 future.      Therefore, I am inclined to release the applicant on

 bail pending the appeal. Hence the order :-


                               ORDER

(i) The application is allowed.

(ii) Pending the appeal, the substantive sentences imposed

upon the applicant by learned Additional Sessions Judge-2,

Udgir, by judgment and order dated 28/1/2022 is suspended

and the applicant shall be released on bail on his executing

P.R. bond in the sum of Rs.15,000/- (Rupees fifteen thousand)

with one surety in the like amount.

( R. G. AVACHAT ) JUDGE

fmp/-