Muradali Muhabbat Hasmi vs The State Of Maharashtra And Anr
2022 Latest Caselaw 3810 Bom

                                                                    5-IA-1383-2021-APPEAL-440-2021.doc




                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 CRIMINAL APPELLATE JURISDICTION

                                     INTERIM APPLICATION NO. 1383 OF 2021
                                                       IN
                                        CRIMINAL APPEAL NO. 440 OF 2021


                        Muradali Muhabbat Hasmi                     ...Applicant/Appellant

                                   Versus

                        State Of Maharashtra And Anr.              ...Respondents

                                                            ....
                        Mr. Vikas R. Kolekar for the Applicant/Appellant
                        Mr. S. V. Gavand, APP for the State.
                        Mr. Sudhir Sarkar for Respondent no. 2.



                                            CORAM     :        PRAKASH D. NAIK, J.
                                            DATE      :        7th APRIL, 2022


                        PER COURT:


                                   For reasons to be recorded separately I pass the
                        following order :
                                                     ORDER

i. Interim Application No.1383 of 2021 of is

allowed;

ii. During the pendency of Criminal Appeal No.440

of 2021, the sentence of imprisonment imposed vide

Judgment and order dated 15 th December, 2020 Ld.

Digitally signed by

1 of 2 RAJESHWARI RAJESHWARI RAMESH PILLAI rrpillai RAMESH PILLAI Date:

2022.04.08 15:05:02 +0530 5-IA-1383-2021-APPEAL-440-2021.doc

Special Judge (POSCO) and Additional Sessions Judge,

Islampur in Sessions Case No. 12 of 2019 is

suspended and the applicant is directed to be

released on bail on executing P.R. Bond in the sum of

Rs.20,000/- with one or more sureties in the like

amount;

iii. The applicant is permitted to furnish cash bail

in the sum of Rs.20,000/- for a period of ten weeks in

lieu of surety.

iv. The applicant shall attend the trial Court once

in six months on first Saturday of the month till the

final disposal of the appeal;

v. In the event, there are two consecutive defaults

in attending the trial Court, the said fact may be

brought to the notice of this Court and in such

eventuality, the prosecution will be at liberty to prefer

an application for cancellation of bail.

vi. Interim Application stands disposed of

accordingly.

                                          (PRAKASH D. NAIK, J.)



rrpillai                             2 of 2