Sayyed Nayyum Sayyad Chand vs The State Of Maharashtra
2022 Latest Caselaw 12448 Bom

                                                             944-appln-3979-2022.odt
                                     (1)

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                   CRIMINAL APPLICATION NO.3979 OF 2022
                            IN REVN/347/2022

                     SAYYED NAYYUM SAYYAD CHAND
                                   VERSUS
                      THE STATE OF MAHARASHTRA
                                       ...
               Advocate for Applicant : Mr. Nagarkar Avinash M
                APP for Respondent/State : Mr. A.A. Jagatkar
                                       ...
                                     CORAM : S.G. MEHARE, J.

                                      DATED : 01st DECEMBER, 2022

 PER COURT:-

 1.               The applicant has been convicted for the offence

 punishable under Section 324, 504, 506 of the Indian Penal Code and

 sentenced to suffer R.I. for six months for the offence punishable

 under Section 324 of the Indian Penal Code and to pay a fine of

 Rs.1,000/- in default and R.I. for five months for the offence

 punishable under Section 506 of the Indian Penal Code and to pay a

 fine of Rs.500/- in default. The learned Magistrate had also held the

 petitioner guilty for the offence punishable under Section 504 of the

 Indian Penal Code and sentenced to suffer R.I. for five months and to

 pay a fine of Rs.500/-. The learned Magistrate convicted the accused

 for the above offences by its order dated 05.04.2019 passed in RCC

 No.1516 of 2016.




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                                                               944-appln-3979-2022.odt
                                      (2)

 2.               The applicant had preferred an appeal bearing Criminal

 Appeal No.96 of 2019 before the learned Additional Sessions Judge,

 Aurangabad.            The learned Sessions Judge by its order dated

 20.10.2022 set aside the conviction imposed by the learned

 Magistrate for the offence punishable under Section 504; however,

 confirmed the conviction under Section 324 and 506 of the Indian

 Penal Code.         Soon after the pronouncement of the judgment, the

 applicant has been taken into custody. Hence, he is behind the bar.

 3.               Learned counsel for the applicant would submit that the

 applicant has a good case on merit. The intention is missing in the

 case.     None of the ingredients of the sections have been proved

 against him. He never jumped the bail granted to him by the Court.

 He is the permanent resident of Aurangabad. Hence, there are no

 chances of absconding.

 4.               Perused the impugned order. The applicant appears to

 have arguable case. There are no complaints or any findings recorded

 against the applicant that he had misused the liberty granted to him

 during the trial. This is a fit case to exercise the power under Section

 389 of the Criminal Procedure Code. Hence, the following order :

                                    ORDER

(i) The sentence imposed against the applicant for the

offence punishable under Section 324 and 506 of the

Indian Penal Code by learned J.M.F.C., Court No.15,

944-appln-3979-2022.odt

Aurangabad in RCC No.1516 of 2016 dated 05.04.2019

and confirmed by the learned Additional Sessions

Judge, Aurangabad by its order dated 20.10.2022 in

Criminal Appeal No.96 of 2019 are suspended till the

appearance of the State.

(ii) The applicant shall be released on bail on executing P.B.

and S.B. of Rs.25,000/- with one solvent surety of the

like amount.

(iii) Bail before the learned Additional Sessions Judge,

Aurangabad.

(iv) Stand over to 05.01.2023.

(S.G. MEHARE, J.)

Mujaheed//