Fakir Mohamad Hussain Nevarekar vs State Of Maharashtra
2022 Latest Caselaw 11381 Bom

                                               03-IA-3687-22 IN APEAL-1091-22.odt

               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CRIMINAL APPELLATE JURISDICTION

                      INTERIM APPLICATION NO.3687 OF 2022
                                      IN
                        CRIMINAL APPEAL NO.1091 OF 2022

    Fakir Mohamad Hussain Nevarekar                                .... Applicant
             versus
    State of Maharashtra                                           .... Respondent
                                       .......

    •     Mr. Shashank C. Mangle, Advocate for Applicant.
    •     Mr. S. R. Agarkar, APP for the State/Respondent.



                                  CORAM   : SARANG V. KOTWAL, J.
                                  DATE    : 10th NOVEMBER, 2022

    P.C. :


    1.               The applicant was convicted and sentenced by learned

         Additional Sessions Judge, Ratnagiri vide his judgment and

         order dated 03.10.2022 passed in Sessions Case No.20 of 2020.

         The applicant was convicted for commission of offence

         punishable under Sections 353, 332 of the Indian Penal Code.

         The major punishment imposed on him was for one month and

         fine amount of Rs.5,000/-.


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 2.               Learned counsel for the applicant submitted that the

      applicant was on bail during trial and he has not misused the

      liberty. He further submitted that the prosecution case is not

      true and infact the applicant himself was beaten by Police

      Officials and they had lodged a false case against him.



 3.               Learned APP opposed this application.           However, he

      could not controvert the fact that the sentence imposed is only

      one month.



 4.               I have considered these submissions and have perused

      the evidence of the Police Officials.        The incident is dated

      24.03.2020.         The prosecution case is that when there were

      restrictions due to spreading of Corona Virus, the applicant was

      travelling in his car. He was stopped, but he did not co-operate.

      He pushed the Police Officials and abused them.




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 5.               Learned counsel for the applicant submitted that the

      applicant examined himself as defence witness. All these issues

      can be decided during final hearing of the appeal. However, the

      appeal is not likely to be decided within a short time. Therefore,

      the applicant deserves to be released on bail. Applicant was also

      granted bail after his conviction under Section 389 of the Code

      of Criminal Procedure by the trial Court.



 6.      Hence, the following order :


                                         ORDER

(i) During pendency and final disposal of the Criminal Appeal No.1091 of 2022, the Applicant is directed to be released on bail on his furnishing P.R. bond in the sum of Rs.30,000/- (Rupees Thirty Thousand only), with one or two sureties in the like amount.

(ii) Interim Application stands disposed of accordingly.

(SARANG V. KOTWAL, J.)

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