Shaikh Yasin Shaikh Wahed vs The State Of Maharashtra
2022 Latest Caselaw 4948 Bom

                                          1         904-Cri.Appln.1302-22.odt

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

             904 CRIMINAL APPLICATION NO.1302 OF 2022 IN
                      CRI.REVN.APPLN/127/2022
                          SHAIKH YASIN SHAIKH WAHED
                                    VERSUS
                          THE STATE OF MAHARASHTRA

                                    ...
             Advocate for Applicant : Mr. Muhammad Aseem.
            APP for Respondent-State : Ms. Geeta L. Deshpande.
                                    ...

                                      CORAM : S. G. MEHARE,
                                              VACATION JUDGE

                                      DATE    : 13.05.2022

     PER COURT :


     1.      Heard learned counsel for the applicant and learned APP

     for the respondent-State.


     2.      Issue      notice   to    the    respondent,     returnable        on

     23.06.2022.


     3.      Learned APP waives service of notice on behalf of

     respondent-State.


     4.      Learned counsel for the applicant would submit that the

     applicant has been convicted for the offence punishable under




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                                    2          904-Cri.Appln.1302-22.odt

     Sections 279, 304-A of the Indian Penal Code by the trial court.

     The appeal against the said judgment of conviction was also

     dismissed by the learned Sessions Judge. The applicant was on

     bail throughout the trial and also in the appeal. He has not

     misused the liberty granted to him and breached any condition

     of bail granted to him. The applicant has sanguine chances of

     success in the revision. He would submit that the material

     contradictions and omissions have not been considered and

     appreciated by both the courts below while delivering the

     judgment.


     5.      There appears a point to determine as regards to the

     sections for which the applicant is convicted. The applicant

     has roots at village Peth Beed, Taluka and District Beed.


     6.      No doubt, the offences for which the applicant is

     convicted is punishable not more than three (3) years. Having

     regard to the facts and circumstances, this Court finds that the

     discretion under Section 389(1) of Cr.P.C. may be exercised and

     no harm would cause to the prosecution, if sentence is

     suspended. Hence, I pass the following order :




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                                        3       904-Cri.Appln.1302-22.odt


                                     ORDER

(a) The execution, implementation and effect of sentence imposed against the applicant/revision applicant by the courts below is temporarily suspended till next date.

(b) The applicant be released on bail on executing P.B. and S.B. of Rs.15,000/- (Rupees Fifteen Thousand only) with one solvent surety in the like amount.

(c) Bail bonds be furnished before the Appellate Court.

(d) Humdast allowed.

(e) Record and Proceedings be called.

(S. G. MEHARE) VACATION JUDGE .....

vmk/-