Shaikh Abdul Gani Shaikh ... vs The State Of Maharashtra
2022 Latest Caselaw 2834 Bom

                                                        Cri.Appln.No.1068/2022
                                       :: 1 ::


           IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                               BENCH AT AURANGABAD


              CRIMINAL APPLICATION NO.1068 OF 2022 IN
                  CRIMINAL APPEAL NO.226 OF 2022


 Shaikh Abdul Gani Shaikh Kamruddin
 and others                                           ... APPLICANTS

          VERSUS

 The State of Maharashtra                             ... RESPONDENT
                              .......
 Mr. Swapnil S. Patil, Advocate for applicants
 Mrs. G.L. Deshpande, A.P.P. for respondent
                               .......

                                  CORAM :        R. G. AVACHAT, J.

                                  DATE :         23rd MARCH, 2022.
 PER COURT :


                  Head.         Issue notice to respondents.              Learned

A.P.P. waives service for the respondent - State.

2. The applicants have been convicted for the offence

punishable under Sections 143 and 147 read with Section 149

of the Indian Penal Code and sentenced to suffer rigorous

imprisonment for six months and to pay fine of Rs.1000/-

each, in default to suffer simple imprisonment for 15 days on

each count. The applicants are also convicted for the offence

punishable under Section 326 of the Indian Penal Code and

sentenced to suffer rigorous imprisonment for five years and

Cri.Appln.No.1068/2022 :: 2 ::

to pay fine of Rs.2000/-, in default to suffer S.I. for one

month. The applicants are also convicted for the offence

punishable under Section 323 of the Indian Penal Code and

sentenced to suffer S.I. for 15 days. The applicants are also

convicted for the offence punishable under Section 506 read

with Section 149 of the Indian Penal code and sentenced to

suffer R.I. for 6 months and to pay fine of Rs.1000/-, in

default to suffer S.I. for 15 days. All the substantive

sentences have been directed to run concurrently.

3. It is a short term sentence. The appeal filed by

the applicants is not likely to come up for final hearing in near

future. Therefore, pending the appeal, the substantive

sentences of imprisonment imposed by learned Additional

Sessions Judge, Jalgaon in Sessions Case No.64/2015, by

judgment and order dated 10/3/2022 is suspended and the

applicants be released on bail on their executing P.R. bond in

the sum of Rs.15,000/- (Rupees fifteen thousand) each with

one surety in the like amount.

( R. G. AVACHAT ) JUDGE

fmp/-