Shahnawaj Mohammad Hussain ... vs State Of Maharashtra
2022 Latest Caselaw 7188 Bom

                                                                                        3. cri ia 1397-22.doc

R.M. AMBERKAR
 (Private Secretary)
                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                CRIMINAL APPELLATE JURISDICTION


                                       INTERIM APPLICATION NO. 1397 OF 2022
                                                        IN
                                          CRIMINAL APPEAL NO. 721 OF 2017

                                                      WITH
                                         CRIMINAL APPEAL NO. 721 OF 2017
                                                      WITH
                                       CRIMINAL APPLICATION NO. 743 OF 2018

                       Shahnawaj Mohammad Hussain Shaikh                          .. Applicant
                                  Vs.
                       State of Maharashtra                                       .. Respondent

                       Mr. Sanjeev Kadam for the Applicant
                       Mr. S.S. Hulke, APP for the State

                                                       CORAM : A.S. GADKARI &
                                                               MILIND N. JADHAV, JJ.

                                                       DATE       : 26th July 2022.
                       P.C.:

                       .       This is an Application for suspension of sentence and releasing

                       the Applicant on bail.

2. Applicant is accused No. 1. Applicant has been convicted under

Sections 302 and 201 r/w 34 of IPC and sentenced to suffer

imprisonment for life and to pay total fine of Rs. 10,000/- by the

learned Additional Sessions Judge, Kalyan in Sessions Case No. 211 of

2013 by its Judgment and Order dated 10.03.2017

3. Record indicates that, the present case is based on circumstantial

evidence. Accused No. 2 - Smt. Taraparvin Sadik Shaikh the co-

accused in the present crime, has been released on bail by this court

1 of 2

3. cri ia 1397-22.doc

by suspending her sentence by an Order dated 18.06.2018. The

observations made in paragraph Nos. 5 and 6 of the said Order dated

18.06.2018 are mutatis mutandis applicable to the case of the

Applicant. Perusal of record indicates that, the Applicant has played

similar role as of the co-accused who has been granted bail by this

court. In view thereof, during pendency of the present Appeal,

substantive sentence imposed on the Applicant can be suspended and

he can be released on bail.

4. Hence the following order:-

(i) Applicant be released on bail in Sessions Case No. 211 of

2013 on his furnishing P.R. Bond of Rs. 25,000/- with one or

two separate local sureties in the like amount;

(ii) After his release from jail and till final disposal of present

Appeal, Applicant is directed to attend Manpada Police

Station, Taluka Kalyan, District Thane on every first Monday

of the month initially for a period of 1 year and thereafter on

every first Monday of every 3rd month i.e. 4 times in a year.

5. Application is allowed in the aforesaid terms.

[ MILIND N. JADHAV, J. ] [ A.S. GADKARI, J.] Digitally signed by RAVINDRA RAVINDRA MOHAN MOHAN AMBERKAR AMBERKAR Date:

2022.07.27 17:22:12 +0530

2 of 2