Bombay High Court
Sayyad Mujaffar Ali Sayyad ... vs Mehmood Shaikh Ahemad @ Munna And ... on 12 April, 2022
Bench: R. G. Avachat
Cri.Appln.No.1126/2022
:: 1 ::
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.1126 OF 2022 IN
CRIMINAL APPEAL NO.252 OF 2022
Mehmood Shaikh Ahemad @ Munna
and others ... APPLICANTS
VERSUS
The State of Maharashtra ... RESPONDENT
.......
Mr. A.B. Girase, Advocate for applicants
Mrs. D.S. Jape, A.P.P. for respondent - State
.......
WITH
CRIMINAL APPLICATION NO.1366 OF 2022 IN
CRIMINAL APPLICATION NO.1126 OF 2022 IN
CRIMINAL APPEAL NO.252 OF 2022
Sayyad Mujaffar Ali Sayyad Liyakat Ali ... APPLICANT
VERSUS
Mehmood Shaikh Ahemad @ Munna
and others ... RESPONDENT
.......
Mr. S.A. Kulkarni, Advocate for applicant
Mr. A.B. Girase, Advocate for respondents No.1 to 7
Mrs. D.S. Jape, A.P.P. for respondent No.8 - State
.......
CORAM : R. G. AVACHAT, J.
DATE : 12th APRIL, 2022.
PER COURT :
Criminal Application No.1366/2022 filed by the
original complainant is allowed. The original complainant is
allowed to intervene in Criminal Application No.1126/2022.
::: Uploaded on - 12/04/2022 ::: Downloaded on - 13/04/2022 09:50:25 :::
Cri.Appln.No.1126/2022
:: 2 ::
2. Mr. Girase, learned counsel for the applicants does
not press application for applicants No.5 and 6. The
application of applicants No.5 and 6, therefore, stands
disposed of as withdrawn.
3. Heard learned counsel for the parties. The
applicants have been convicted for the offences punishable
under Sections 307/149, 504/149, 143, 147, 148 of the
Indian Penal Code and under Section 135 of the Maharashtra
Police Act, and sentenced to suffer rigorous imprisonment for
seven years and to pay fine of Rs.5000/-, in default to suffer
rigorous imprisonment for three months for the offence
punishable under Section 307 read with Section 149 of the
Indian Penal Code. No separate sentence is awarded for the
offences punishable under Sections 143, 147, 148, 504 of the
Indian Penal Code and Section 135 of the Maharashtra Police
Act. It is a short term sentence of seven years rigorous
imprisonment. The applicants were on bail pending trial. The
victim was discharged from the hospital the same day.
4. The appeal filed by the applicants has been
admitted by this Court. It will take time for the appeal to
come up for final hearing. Although the applicants No.1 to 4
and 7 have criminal antecedents, some rigorous conditions
::: Uploaded on - 12/04/2022 ::: Downloaded on - 13/04/2022 09:50:25 :::
Cri.Appln.No.1126/2022
:: 3 ::
could be imposed while suspending the sentence and granting
bail to the applicants. Hence the order :-
ORDER
(i) The Criminal Application of applicants No.5 and 6,
therefore, stands disposed of as withdrawn.
(ii) The Criminal Application of applicants No.1 to 4 and 7 is
allowed. Pending the appeal, the sentence of imprisonment
imposed by learned Additional Sessions Judge, Shahada in
Sessions Case No.53/2017 by judgment and order dated
16/3/2022 is suspended and the applicants No.1 to 4 and 7
be released on bail on their executing P.R. bond in the sum of
Rs.25,000/- (Rupees twenty five thousand) each with one or
two sureties in the like amount.
(iii) The applicants No.1 to 4 and 7 shall mark their
attendance at the concerned police station once a fortnight on
every Second and Fourth Saturday of every month till further
orders.
(iv) The Criminal Application is disposed of.
( R. G. AVACHAT )
JUDGE
fmp/-
