Bombay High Court
Riyaj Ahemad Mohamad Yasin And Ors vs The State Of Maharashtra on 26 February, 2022
Bench: Prakash Deu Naik
rpa 1/3 12 ia 630 2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.630 OF 2022
IN
CRIMINAL APPEAL NO.185 OF 2022
1) Riyaj Ahemad Mohamad Yasin; and
2) Mohammad Matin Mohammad Yasin Mulla;
3) Mohammad Juber Ali Ahemad; and .. Applicants
4) Sayeed Ahemad Rajjab Ali /Appellants
Versus
State of Maharashtra .. Respondent
......
Mr.Anil Kumar Patil with Ms.Sonal Rajput, Advocate for the
Applicants/Appellants.
Mr.Ajay Patil, APP for the Respondent - State.
......
CORAM : PRAKASH D. NAIK, J.
Digitally
signed by DATED : FEBRUARY 26, 2022.
RAJESHRI
RAJESHRI PRAKASH
PRAKASH AHER
AHER Date:
2022.02.28
P.C. :
14:18:57
+0530
This is an application for suspension of sentence and
grant of bail, pending criminal Appeal No.185 of 2022.
2 The applicants are convicted vide judgment and order
dated 27th January, 2022, passed by learned Additional Sessions
Judge Malegaon, for the offences under Sections 326 and 324 read
with 34 of Indian Penal Code ("IPC", for short). For the offence under
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Section 326 read with 34 of IPC, the applicants are sentenced to suffer
imprisonment of two years and to pay fne of Rs.10,000/-, each. For
the conviction for the offence under Section 324 read with 34 of IPC,
the applicants are sentenced to suffer imprisonment of one year and
to pay fne of Rs.5000/-, each.
3 The fne has been deposited before the trial Court. The
applicants were on bail during the trial. The applicants are senior
citizens. The sentence of imprisonment has been suspended by the
trial Court on the date of conviction. Learned counsel for the
applicants submitted that there are serious discrepancies in the
evidence before the trial Court. The applicants had not misused the
facility of bail.
4 In view of the above, the case for suspension of sentence
and grant of bail is made out.
:: O R D E R ::
(i) Interim Application No.630 of 2022, is allowed;
(ii) The sentence of imprisonment imposed vide judgment and
order dated 27th January, 2022, passed by learned
Additional Sessions Judge Malegaon, in Sessions Case
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No.93 of 2008, is suspended and the applicants are directed
to be released on bail on executing P.R. Bond in the sum of
Rs.15,000/-, each, with one or more sureties in the like
amount;
(iii) Applicants/appellants are permitted to furnish cash bail
security in the sum of Rs.15,000/-, each, for a period of ten
weeks, in lieu of surety;
(iv) Applicants/appellants shall attend the trial Court once in
six months on the frst Saturday of the month, till fnal
disposal of the Appeal;
(v) In the event there are two consecutive defaults in attending
the trial Court, the said fact may be brought to notice of this
Court. In such eventuality, the prosecution is at liberty to
move an application for cancellation of bail;
(vi) Interim Application No.630 of 2022, stands disposed of
accordingly.
(PRAKASH D. NAIK, J.)
