Sayyad Akil Sayyad Hanif @ Akil ... vs State Of Maharashtra
2023 Latest Caselaw 10965 Bom

2023:BHC-AS:31896

                                                                        23-IA-2270-2023 (CR).doc




                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                CRIMINAL APPELLATE JURISDICTION

                                INTERIM APPLICATION NO. 2270 OF 2023
                                                IN
                                  CRIMINAL APPEAL NO. 715 OF 2023

                    Sayyad Akil Sayyad Hanif @
                    Akil Chingya & Ors.                             ...Applicants
                          Versus
                    The State Of Maharashtra                        ...Respondent

                    Mr. Mahendra N. Sandhyanshiv, Advocate for Applicants.
                    Mrs. M. H. Mhatre, APP for the Respondent-State.



                                           CORAM   : NITIN B. SURYAWANSHI, J.

                                           DATE    : 23rd OCTOBER 2023

                    PC.:

1. This application is fled for suspension of sentence of

seven years imprisonment imposed on the applicants vide

judgment and order dated 25th April 2023 by learned

Additional Sessions Judge, Malegaon in Sessions Case No. 4 of

2011, under Sections 307, 333, 323, 504, 506 (2) read with

34 of the Indian Penal Code, 1860.

2. Perused the record. Appeal is already admitted and the

sentence imposed on the applicants is a short term sentence.

There are no criminal antecedents against the applicants. In

the light of decision of the Apex Court in Bhagwam Rama

Shinde Gosai And Ors Vs. State Of Gujarat (1999) SCC (Cri.)

D.A.ETHAPE P.A. .... 1

23-IA-2270-2023 (CR).doc

553, and as no exceptional circumstances to refuse

suspension of sentence are made out, application deserves to

be allowed. Hence, the following order:-

(i) Interim Application is allowed.

(ii) Substantive sentence of imprisonment imposed on the

applicants vide judgment and order dated 25th April 2023

passed by learned Additional Sessions Judge, Malegaon in

Sessions Case No.4 of 2011 is suspended during the pendency

of Appeal.

(iii) Applicants are directed to be released on bail on their

furnishing PR bond in the sum of Rs. 15,000/- each with one

solvent surety in the like amount.

(iv) Applicants shall deposit the fne amount, if not already

deposited.

(v) Applicants shall attend concerned Police Station once in

a month on frst Sunday between 10:00 a.m. to 12:00 noon.

                                (NITIN B. SURYAWANSHI, J.)




 D.A.ETHAPE P.A.                                                      .... 2