Shaikh Shafi S/O Najmoddin Mulla vs The State Of Maharashtra
2022 Latest Caselaw 12521 Bom

                                                            904-ia4056-2022 in revn417-2022.doc


                      AGK

                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 CRIMINAL APPELLATE JURISDICTION

                               INTERIM APPLICATION NO.4056 OF 2022
                                                IN
                           CRIMINAL REVISION APPLICATION NO.417 OF 2022
         Digitally
         signed by
         ATUL
ATUL     GANESH
GANESH   KULKARNI
KULKARNI Date:
         2022.12.03

                      Shaikh Shafi Najmoddin Mulla               ... Applicant
         10:20:28
         +0530




                                 V/s.
                      The State of Maharashtra                   ... Respondent


                      Mr. M.M. Sandhyanshiv for the applicant.
                      Mr. A.R. Patil, APP for the respondent/State.



                                                 CORAM : AMIT BORKAR, J.

                                                 DATED      : DECEMBER 2, 2022
                      P.C.:

1. This is an application seeking suspension of sentence imposed by the judgment and order dated 26 th February 2014 by the learned Judicial Magistrate First Class, Malegaon in SCC No.1236 of 2009 confirmed by the learned Additional Sessions Judge, Malegaon by order dated 28th November 2022 in Criminal Appeal No.12 of 2014.

2. The learned Magistrate has directed the accused to suffer simple imprisonment for a period of two (2) months and to pay a fine of Rs.500/- (Rupees Five Hundred Only) and in default of payment of fine, the applicant to suffer simple imprisonment for the period of 15 days.

904-ia4056-2022 in revn417-2022.doc

3. Considering the nature of offence and the fact that it is unlikely that the criminal revision application will be decided in near future, the applicant has made out a case for suspension of the sentence. Hence, following order:

a) The sentence imposed by the judgment and order dated 26 th February 2014 passed by the learned Judicial Magistrate First Class, Malegaon in SCC No.1236 of 2009 confirmed by the learned Additional Sessions Judge, Malegaon by order dated 28 th November 2022 in Criminal Appeal No.12 of 2014 is suspended;

b) The applicant shall be released on bail on furnishing cash surety in the amount of Rs.5,000/- (Rupees Five Thousand Only);

c) The applicant shall furnish P.R. Bond in the sum of Rs.5,000/- (Rupees Five Thousand Only) and one surety in the like amount within a period of three (3) weeks thereafter.

4. The interim application is disposed of in above terms.

(AMIT BORKAR, J.)