Bombay High Court
Mohd. Ersad Mohd. Akhtar And 5 ... vs The State Of Maharashtra, Thr. ... on 22 July, 2022
Bench: Avinash G. Gharote
(1) 24appeal224.21+128.21
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPEAL NO. 224 OF 2021
Sk.Sheru @ Asif Sk. Rajoddin Vs. State of Maharashtra
CRIMINAL APPEAL NO. 128 OF 2021
Mohd. Ersad Mohd. Akhtar and ors Vs. State of Maharashtra
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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Mr. Anil Mardikar, Senior Advocate assisted by Mr. A.M.Tirukh, Advocate for the
applicant in Appeal No. 224/2021
Mr. N.S.Rao, APP for respondent/State
CORAM : AVINASH G. GHAROTE, J.
DATE : 22/07/2022
Criminal Application (APPA) No. 343/2021
1] Heard Mr. Mardikar, learned senior counsel
assisted by Mr. Tirukh, counsel for the applicant in
Criminal Appeal No. 224/2021 and Mr. Rao, learned
APP for the State.
2] It is contended that all the other accused
have already been enlarged on bail by this Court in the
respective appeals filed by them. One such order in
Criminal Appeal No. 128/2021 has been tendered across
the bar by the learned senior counsel. He submits that
the present appellant was also on bail before the trial
Court and on account of Covid guidelines he was
released on parole and has surrendered back to the jail
authorities and as of now he is in prison.
(2) 24appeal224.21+128.21
3] It is submitted that the appeal has already
been admitted and considering the fact that appellant/
applicant was on bail, during the course of the trial, the
application be allowed.
4] Learned APP vehemently opposes the
applicant and contends that the case of the present
appellant/applicant is different than of his co-accused, as
the present applicant was the main person who was
responsible for the assault, in which 4 fingers of the
injured have been chopped off. He further submits that
the conviction has been awarded on the basis of the
evidence of eye witnesses and in case the applicant is
released on bail by suspending his sentence, the
possibility of his committing further crime cannot be
ruled out, considering that the injured is the resident of
the same locality.
5] It is not in dispute that all the other
co-accused have been released on bail by this Court by
suspending their sentence. It is also not disputed that
during the course of the trial the applicant was on bail.
The appeal has been admitted on 17.6.2021. Though
there is material indicated in the impugned judgment to
justify the conviction, however, whether the conviction
was correct or not is a matter to be decided at the final
hearing of the appeal. Since the appellant/applicant was
on bail during the course of the trial, except for the
(3) 24appeal224.21+128.21
apprehension expressed by the learned APP, there does
not appear any reason not to permit the applicant to be
enlarged on bail by putting conditions. Hence the
following order.
6] The application is allowed. The sentence
imposed by the impugned judgment is hereby suspended.
The applicant be released on bail on his executing PR
bond in the sum of Rs. 1,00,000/- (Rupees One lakh
only) with two solvent sureties in the like amount. The
applicant shall not enter the jurisdiction of PS Civil Lines,
Akola, during the course of the appeal.
5] Any violation shall result in cancellation of
bail.
JUDGE
Rvjalit
