M. Faruk M. Husain Kammissioner vs The State Of Maharashtra
2022 Latest Caselaw 1515 Bom

                                                                                  501-ia-408-2022-in revn-82-2022.doc




                                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                              CRIMINAL APPELLATE JURISDICTION

                                                 INTERIM APPLICATION NO. 408 OF 2022
                                                                  IN
                                                  REVISION APPLICATION NO.82 OF 2022.

                              Faruk M. Hussain Kammissioner                                ...Applicant
                                            Versus
                              State of Maharashtra                                         ...Respondent
                                                                          ....
                              Mr. Shriram S. Chaudhari, Advocate for the Applicant.
                              Mr. S. V. Gavand, APP for the Respondent - State.

                                                       CORAM      :        PRAKASH D. NAIK, J.
                                                       DATE       :        14th FEBRUARY, 2022.

                              PER COURT:


                              1.                  This is an application for suspension of sentence

                              and grant of bail. The applicant is convicted for offence under

                              Section 354 -A (i) of Indian Penal Code (for short "IPC") and

                              sentenced to suffer imprisonment of one month and to pay

                              fine of Rs.2,000/-. He has been acquitted for offence under

                              Section 504 of IPC vide judgment and order dated 8 th

                              September, 2017 passed by learned Judicial Magistrate First

                              Class (Court No.8), Solapur.

                              2.                  The appeal preferred by the applicant has been

                              dismissed by the learned Additional Sessions Judge, Solapur

                              by order dated 19th January, 2022. The applicant was on bail
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LIYAKAT    Date:              Sajakali Jamadar                        1 of 2
JAMADAR    2022.02.14
           14:18:11
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                                                     501-ia-408-2022-in revn-82-2022.doc




during the trial and during the pendency of appeal. Pursuant

to judgment of the appellate Court, the applicant has

surrendered before the trial Court today and he has been

taken in custody. The revision application has been admitted.

Considering the fact that the sentence is of one month and the

factual aspect of the matter, this application can be allowed.

3.                  Hence, I pass the following order:

                                    ORDER

i. Interim Application No. 408 of 2022 is allowed;

ii. During the pendency of Criminal Revision Application No. 82 of 2022, sentence of imprisonment imposed by the trial Court and confirmed by the Appellate Court is suspended and the applicant is directed to be released on bail on executing P.R. Bond in the sum of Rs.15,000/- with one or more sureties in the like amount;

iii. The applicant is permitted to furnish cash bail in the sum of Rs.15,000/- for a period of ten weeks in lieu of surety.

iv. Interim Application stands disposed of accordingly.

v. Parties to Act upon authenticated copy of this order.

                                           (PRAKASH D. NAIK, J.)


Sajakali Jamadar                      2 of 2