Abdul Atique Abdul Hamid Khan vs Mohammad Mujeeb Mohammad Abdul ...
2023 Latest Caselaw 666 Bom

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             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

              CRIMINAL REVISION APPLICATION NO.17 OF 2023
                 WITH APPLN/302/2023 IN REVN/17/2023

                  ABDUL ATIQUE ABDUL HAMID KHAN
                                 VERSUS
             MOHAMMAD MUJEEB MOHAMMAD ABDUL HABIB
                                    ...
              Advocate for Applicant : Mr. Palsikar Vikrant S.
                                    ...
                                      CORAM : S.G. MEHARE, J.

                                       DATED : JANUARY 18, 2023

 PER COURT:-

 1.               The learned trial Court held the accused guilty of the

 offence punishable under Section 420 of Indian Penal Code.                    The

 appeal against the judgment and order of the learned JMFC has been

 dismissed and conviction is confirmed.

 2.               Learned counsel for the applicant would submit that the

 ingredients of the offence of cheating has not been properly

 appreciated. There was no evidence to complete the alleged offence.

 The question of interpretation of Section 420 of the Indian Penal Code

 arise for consideration. The applicant has a good case on merit.

 3.               Perused the impugned judgments and orders and the

 material placed before the Court. There appears the applicant has

 grounds for argument in the revision. There appears no complaint

 against the applicant that he has misused the liberty granted to him

 during the trial as well as the appeal.        Hence, the power under



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 Section 389 of Criminal Procedure Code may be exercised. Therefore,

 the following order :

                                        ORDER

(i) The execution of the sentence to suffer RI for 3 months

imposed by the learned JMFC, Court No.6, Aurangabad

in SCC Case No.1833 of 2010 dated 17.05.2018 and

confirmed by the learned Additional Sessions Judge,

Aurangabad in Criminal Appeal No.104 of 2018 dated

09.01.2023, stands suspended till the appearance of

the complainant.

(ii) The applicant shall be released on bail on executing P.B.

and S.B. of Rs.50,000/- with one solvent surety of the

like amount.

(iii) Bail before the learned Additional Sessions Judge,

Aurangabad.

(iv) Issue notice to the respondent, returnable on

27.02.2023.

(v) Call Record and Proceedings.

(S.G. MEHARE, J.)

Mujaheed//