Mohd. Asif Shaikh And Anr vs The State Of Maharashtra
2022 Latest Caselaw 4169 Bom

                                                                 39-IA1225-22INREVN159-22.DOC

                                                                                          Santosh
                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CRIMINAL APPELLATE JURISDICTION


                                  INTERIM APPLICATION NO. 1225 OF 2022
                                                   IN
                             CRIMINAL REVISION APPLICATION NO. 6327 OF 2022

                      Mohammad Asif Shaikh & anr.                                  ...Applicants
                                           Versus
                      State of Maharashtra                                        ...Respondent
SANTOSH
SUBHASH
KULKARNI
Digitally signed by
                      Mr. Vivek Pandey, a/w Girish Agarwal, Ridhima Mangaonkar,
                            Aayush Tiwari, i/b Ridhima Mangaonkar, for the
SANTOSH SUBHASH
KULKARNI
Date: 2022.04.22


                            Applicants.
19:26:42 +0530




                      Mr. S. R. Agarkar, APP for the State/Respondent.


                                                   CORAM:        N. J. JAMADAR, J.
                                                   DATED :       20th APRIL, 2022
                      PC:-

                      1.      Heard the learned Counsel for the applicant and the

                      learned APP for the State.

                      2.      The    applicants   were     prosecuted       for    the   offences

                      punishable under Sections 353 and 332 read with Section 34 of

                      the Indian Penal Code, 1860 ("IPC"). By a judgment and order

                      dated    6th   February,    2016,    the    learned    Additional     Chief

                      Metropolitan Magistrate, 4th Court, Girgaon, Mumbai, convicted

                      the applicants for the offences punishable under Sections 353

                      and 332 read with 34 of IPC and sentenced to suffer rigorous




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                                       39-IA1225-22INREVN159-22.DOC

imprisonment for three months and pay fine of Rs.3,000/-, on

each count, with a default stipulation.

3.   The appeal preferred by the applicant, being Criminal

Appeal No.170 of 2016, came to be dismissed by the learned

Additional Sessions Judge, Mumbai, by the judgment and order

dated 1st April, 2022. The applicants are thus in revision.

4.   Perused the impugned judgment and material on record.

5.   The applicants were on bail during the pendency of trial as

well as appeal. The applicants appear to have roots in society.

Arguable questions are raised. Hence, I am inclined to suspend

the sentence and release the applicants on bail during the

pendency of the revision.

6.   Hence, the following order:

                            :ORDER:

(i) The application stands allowed.

(ii) The substantive sentence stands suspended till the hearing and disposal of the revision application.

(iii) The applicants be released on bail on furnishing P.R. Bond of Rs.15,000/- each, and a surety in the like amount to the satisfaction of the learned Magistrate.

Interim application disposed.

[N. J. JAMADAR, J.]