Shaikh Anis Shaikh Habib vs The State Of Maharashtra
2022 Latest Caselaw 5757 Bom

                                                                    CriRev186.22
                                      (1)

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD


              CRIMINAL REVISION APPLICATION NO.186 OF 2022
                  WITH APPLN/2012/2022 IN REVN/186/2022

                            SHAIKH ANIS SHAIKH HABIB
                                     VERSUS
                           THE STATE OF MAHARASHTRA

 Mr. Rajendra H. Wagh, Advocate for applicant;
 Mr. V. M. Kagne, A.P.P. for respondent

                                  CORAM : S. G. MEHARE, J.

DATE : 23rd June, 2022

P.C.

1. Heard the learned Counsel for the applicant.

2. Issue notice to the respondent, returnable on 19.07.2022. The

learned A.P.P. waives service of notice for the respondent/State.

3. Call for record and proceedings.

4. Learned Counsel for the applicant would submit that there is

absolutely no evidence against the applicant to hold him guilty. The

learned trial Court has not discussed the evidence in detail and the

arguments advanced by the learned counsel for the accused have also

not been properly considered. Same way, the learned Sessions Court

also ignored the facts and the arguments of the accused and

CriRev186.22

confirmed the order passed by the learned trial Court. The applicant

has good chances of success in Revision. He never misused the liberty

granted to him.

5. Having regard to the arguments advanced by the learned

Counsel for the applicant, it appears that the applicant has an

arguable case. Hence, the following order -

i) The execution of sentence imposed by the learned Judicial

Magistrate, First Class, Aurangabad, in S.C.C.No. 3748 of

2012 by judgment and order dated 06.06.2018 and

confirmed by the learned Additional Sessions Judge,

Aurangabad, in Criminal Appeal No. 107 of 2018 by

judgment and order dated 13.06.2022, is suspended till the

conclusion of revision.

ii) The applicant be released on bail on furnishing P.B. and S.B.

of Rs.15,000/- with one solvent surety of the like amount.

iii) Bail before the learned Additional Sessions Judge at

Aurangabad.

(S. G. MEHARE, J.)

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