Shanti Poojari Mumtaz Salim ... vs The State Of Maharashtra
2022 Latest Caselaw 1896 Bom

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                                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                               CRIMINAL APPELLATE JURISDICTION

                                              INTERIM APPLICATION NO.509 OF 2022
                                                              IN
                                                CRIMINAL APPEAL NO.138 OF 2022

                               Shanti Poojari Mumtaz Salim Shaikh                        Applicant
                                            versus
                               The State of Maharashtra                                  Respondent

                               Mr.Prabhanjay R. Dave, Advocate for applicant.
                               Ms.P.N.Dabholkar, APP, for State.

                                                         CORAM :     PRAKASH D. NAIK, J.

                                                         DATE    :   24th February 2022
                               PC :

                               1.      This is an application for suspension of sentence and grant of
                               bail during pendency of Criminal Appeal No.138 of 2022.                  The
                               applicant has been convicted vide judgment and order dated 21 st
                               June 2021 passed by learned Additional Sessions Court, City Civil &
                               Sessions Court, Greater Bombay in Sessions Case No.854 of 2015 for
                               offences under Sections 4,5,6 of PITA Act and Section 343 of IPC.
                               The maximum sentence imposed by the Trial Court while conviction
                               is of three years.


                               2.      The applicant was on bail during trial.    The sentence was
                               suspended by the Trial Court on the date of conviction.


                               3.      Learned advocate for applicant submits that the applicant is
         Digitally signed by
MANISH
SURESH
         MANISH SURESH
         THATTE
         Date: 2022.02.26
                               lady.     There are discrepancies in the evidence adduced by
THATTE   16:15:19 +0530


                               prosecution The sentence is of short term. The appeal may not
                               come for final hearing immediately.
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4.      Learned APP submitted that the offence is of serious nature.
There is evidence against applicant.


5.      Considering the fact that applicant is convicted for the
aforesaid offences and maximum sentence imposed is of three years
and also considering the fact that applicant was on bail and sentence
was suspended by the Trial Court after conviction, this application
deserves to be allowed. Hence, I pass following order :
                                ORDER

(i) Interim Application is allowed and disposed of;

(ii) The sentence of imprisonment imposed vide judgment and order dated 21st June 2021 passed by learned Additional Sessions Court, City Civil & Sessions Court, Greater Bombay in Sessions Case No.854 of 2015 is suspended and the applicant is directed to be released on bail on executing PR bond in the sum of Rs.20,000/- with one or more sureties in the like amount;

(iii) The applicant is permitted to furnish cash bail in the sum of Rs.20,000/- for ten weeks in lieu of sureties;

(iv) The applicant shall attend Trial Court once in six months on First Saturday of the month till disposal of the Criminal Appeal;

(v) In the event there are two consecutive defaults in attending the Trial Court, the Trial Court shall submit report to this Court;

(vi) In the event of default committed by the applicant in attending the Trial Court, the prosecution will be at liberty to prefer application for cancellation of bail.

(PRAKASH D. NAIK, J.) MST