Bombay High Court
Sk Yusuf Sk Raheman vs The State Of Maharashtra Thr. Pso Ps ... on 2 August, 2024
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (APPA) NO. 714 OF 2024
IN
CRIMINAL APPEAL NO. 401 OF 2024
Sk. Yusuf Sk. Raheman Vs State of Maharashtra
Office Notes, Office Memoranda of Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
Mr. Abhay R. Sambre, counsel for the applicant/appellant.
Mrs. Swati Kolhe, APP for the respondent/State.
CORAM : URMILA JOSHI-PHALKE, J.
DATED : 02/08/2024.
1. Heard.
2. By preferring this application, the applicant /
appellant has challenged the judgment and order of
sentence passed in Special (Atrocity) Case No. 45/2016, by
which the appellant is held guilty for the offence punishable
under Section 447, 354-A, and 506 of the Indian Penal
Code. The appellant is convicted and sentenced to suffer
fine of Rs. 500/- of the offence punishable under Section
447 and, in default of payment of the fine, simple
imprisonment for five days. The appellant is further
convicted of the offence punishable under Sections 354-A
and 506 of the IPC and sentenced to suffer R.I. for one year
each of both the offences and the fine of Rs. 500/- for the
offence punishable under Section 354-A, and in default of
S.I. for five days, and sentenced to suffer R.I. for one year
for the offence punishable under Section 506 and a fine of
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Rs. 800/-, in default of payment of fine, the simple
imprisonment for eight days.
3. Learned counsel for the applicant, Mr. A.R. Sambre,
submitted that the appeal would take its own time for its
final decision. In the meantime, if the sentence is executed,
then the purpose of preferring the appeal would be
frustrated.
4. He further submitted that the appellant has not
misused his liberty while he was on bail during the trial.
Moreover, he has pointed out from the impugned judgment
that he has many arguable points in the present appeal.
5. The learned APP strongly opposed the said
application and submitted that the appeal itself is devoid of
merit and liable to be dismissed.
6. After hearing learned counsel for the appellant and
learned APP for the State, perused the impugned judgment.
From which, the learned counsel for the appellant pointed
out that he has many arguable points in the present appeal.
Moreover, the punishment imposed is of a limited period,
and there is no chance of disposal of the appeal in the near
future. In view of that, the execution of the sentence
deserves to be suspended by releasing the appeal on bail.
Accordingly, I proceed to pass the following order:
ORDER
(i) The execution of the sentence imposed in Special
(Atrocity) Case No. 45/2016 is hereby suspended
till disposal of the appeal.
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(ii) The applicant shall be released on bail on
executing P.R. Bond in the sum of Rs.15,000/-
with one solvent surety in the like amount.
(iii) The application (APPA) No. 714/2024 is disposed
of.
CRIMINAL APPEAL NO. 401 OF 2024
1. Heard.
2. ADMIT.
3. Call for R. & P.
4. Learned Additional Public Prosecutor waives service
of notice on behalf of respondent/State.
5. Place the appeal before the Court after preparation
of the paper book.
[URMILA JOSHI-PHALKE, J.]
Signed by: Mr. R.K. NANDURKAR
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Designation: PA To Honourable Judge
Date: 05/08/2024 18:38:23
