Mohd. Shamshe Alam Mohd. ... vs State Of Maharashtra
2023 Latest Caselaw 10814 Bom

2023:BHC-AS:31341




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                                                                              5.ia2994.23.doc


                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CRIMINAL APPELLATE JURISDICTION

                       INTERIM APPLICATION NO.2994 OF 2023
                                        IN
                              APPEAL NO.921 OF 2023


             Mohd. Shamshe Alam Mohd.
             Badrul-Haq Shaikh                            ...Applicant
                   vs.
             State of Maharashtra                         ...Respondent


             Mr. S. K. Ali i/b A.A. Siddiqui & Associates for the Applicant.
             Mrs. P. P. Shinde APP for the Respondent-State.


                                    CORAM : N. B. SURYAWANSHI, J.

DATED : 18TH OCTOBER 2023

P. C. :

1. This is an application for suspension of sentence

and grant of bail during the pendency of Criminal Appeal

preferred by applicants challenging the judgment of

conviction.

2. Applicant is convicted by Additional Sessions

Judge, Greater Bombay for the offence punishable under

Sections 376, 511 and 342 of Indian Penal Code in Sessions

Case No.666 of 2017, and sentenced to suffer RI for three

and half years.

Shiv

5.ia2994.23.doc

3. Apart from the fact that it is a short term

sentence, one more factor needs to be considered in the

present matter that the Applicant has married the victim and

a child is born out of relations between the Applicant and the

victim. In this view of the matter, Applicant deserves to be

released on bail. Hence, the following order is passed :-

       (i)     Application is allowed.

       (ii)    Substantive sentence of imprisonment imposed vide

judgment and order dated 18th May 2023, in Sessions Case

No.666 of 2017 is suspended during pendency of Appeal.

(iii) Applicant-Mohd. Shamshe Alam Mohd. Badrul-Haq

Shaikh be released on bail on executing P.R. Bond of

Rs.10,000/- with one surety in the like amount.

(iv) Applicant shall report to the trial Court quarterly once

in three months on first Monday.

[N. B. SURYAWANSHI, J.]

Shiv