Yunuskhan S/O Yusuf Khan And ... vs The State Of Maharashtra
2022 Latest Caselaw 1942 Bom

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         IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                     BENCH AT AURANGABAD

              CRIMINAL APPLICATION NO. 722 OF 2022 IN
           CRIMINAL REVISION APPLICATION NO. 68 OF 2022

1.       Yunuskhan S/o Yusuf Khan

2.       Imrankhan S/o Yusuf Khan

3.       Farukhkhan S/o Yusuf Khan                           Applicants

         Versus

State of Maharashtra                                         Respondent

Mr. S. G. Ladda, Advocate for the applicants.
Mr. S. B. Narwade, APP for respondent/State.

                                 CORAM : M.G. Sewlikar, J.
                                 DATE    : 25th FEBRUARY, 2022.
PER COURT :


1.              Heard Shri Ladda, learned counsel for the applicants. He

submits that the informant had made some indecent calls to the

applicants who are real brothers.       He submits that the applicants

confronted the informant as to why she was making such obnoxious

calls.    There was simple quarrel between the applicants and the

informant and the informant has given completely different colour to

this quarrel. He submits that there is delay of two days in lodging

the First Information Report.        They are neighbours and out of

political rivalry, this complaint has been fled. He further submits




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that the quantum of sentence is one year only. He further submits

that the mother of the applicants is suffering from Breast Cancer. He

has annexed documents to that effect also.



2.                Considering this and in view of the judgment of the

Honourable Supreme Court in the case of Bhagwan Rama Shinde

Gosai vs. State of Gujrat, 1999 AIR (SC) 1859, and considering the

quantum of sentence, I am inclined to suspend the sentence. Hence

the following order :-

                                     ORDER

i) Application is allowed.

ii) Substantive sentence is suspended till the disposal of the revision.

iii) Each of the applicants be released on PR Bond of Rs.15,000/- (Rs. Fifteen Thousand) with one solvent surety each in the like amount.

iv) Bail in the trial Court.

           v)       Hamdast allowed.
           vi)      Applicant stands disposed of.



                                                         ( M. G. SEWLIKAR )
                                                                Judge



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