Bombay High Court
Shaikh Afsar Shaikh Ismail And Others vs The State Of Maharashtra And Others on 2 February, 2024
-1- 902-Cri.Appln.569.2024
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 569 OF 2024
IN APEAL/115/2024
WITH
CRIMINAL APPEAL NO. 115 OF 2024
1. Shaikh Afsar Shaikh Ismail
Age-60 years, occupation-Driver,
2. Shaih Afsar Shaikh Sandu
Age-48 years, occupation-Business,
3. Shaikh Akram Shaikh Babu,
Age-36 years, occupation-Driver,
4. Shaikh Tausif @ Kishu Shaikh Rafiq
Age-34 years, occupation-Driver,
5. Sayyad Sohel Salyad Mohammad,
Age-33 years, Occupation-Labour,
All R/o. Rahemangunj , Jalna,
Tq. & Dist. Jalna. ... Applicants.
Versus
1. The State of Maharashtra,
2. Manisha Ganesh Raut
Age-31 years, Occupation-Homemaker,
R/o. Bhagatsing Chowk, Hanuman Nagar,
Naka No.4, Jalna,
Tq. & Dist.Jalna.
3. Reena Ramlal Raut,
Age-41 years, Occupation-Service,
R/o. Bhagatsing Chowk, Hanuman Nagar,
Naka No.4, Jalna,
Tq. & Dist. Jalna.
4. Seema Hiralal Raut
Age-33 years, Occupation-Homemaker,
R/o. Bhagatsing Chowk, Hanuman Nagar,
Naka No.4, Jalna,
Tq. & Dist.Jalna ... Respondents.
-2- 902-Cri.Appln.569.2024
...
Advocate for Applicants : Mr. Sudarshan J. Salunke
APP for Respondent - State : Mr. N. D. Batule
...
CORAM : ABHAY S. WAGHWASE, JJ.
DATED : 2nd FEBRUARY, 2024
ORDER :
1. This is an application for suspension of sentence and
grant of bail on account of conviction recorded by learned Special
Judge-4 (S.C.S.T. Act), Jalna dated 04.01.2024 in Special Case No.
246 of 2021 tried for offence punishable under sections 143, 147,
323, 294, 504 read with section 149 of Indian Penal Code (IPC)
and section 3(1)(r) and (s) of the Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act, 1989.
2. Learned counsel pointed out that, present applicants
intend to prefer appeal against judgment and order of Special
Court. He pointed out that, guilt has been recorded for offence
under sections 143, 147, 323, 294, 504 read with section 149 of
IPC and section 3(1)(r) and (s) of the SC/ST Act and accused
applicants are sentenced to suffer for six months, three months
and one month and to pay fine for each of the offence respectively.
He pointed out that, there is non appreciation of evidence.
Applicants have good case on merits in appeal. He pointed out that
learned trial Judge has already by passing separate order below
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Exh.64 on same day, suspended the sentence so awarded for a
period of 30 days and such period comes to an end tomorrow i.e. on
03.02.2024. That, it being non working day tomorrow, it is
submitted that it is necessary to pass at least interim order today
itself.
3. Learned APP pointed out that, offence is for IPC as well
as SC/ST Act, conviction is recorded and therefore according to
him, it is mandatory to issue notice to the complainant. However,
he conceded that till issuance and receipt of notice, he has no
objection for grant of interim orders.
4. After considering the above submissions, it seems that,
present applicants were tried by Special Judge for above offences,
which comprises of IPC as well as SC/ST Act. Operative part shows
that, conviction is recorded for each of the offences spelt therein
awarding sentence for six months, three months and one month
respectively and to also pay fine for each of the offence. Said
judgment seems to be delivered on 04.01.2024.
5. It is also further seen that, application at Exh.64 was
pressed into service praying to suspend the sentence by invoking
provisions under section 389 of Cr.P.C. to enable convicts to prefer
appeal. On same day, learned trial Judge seems to have suspended
-4- 902-Cri.Appln.569.2024
the sentence for a period 30 days. Taking the date of said
judgment and order impugned herein into consideration, the
period of 30 days comes to an end on 03.02.2024 i.e. tomorrow,
which is admittedly non working day.
Considering the nature of offence and quantum of
sentence, it is necessary to issue notice to other side prior to
entertaining bail application. Therefore, taking the above aspect
into consideration, interim orders are required to be passed.
Hence the following order :-
ORDER
(i) Issue notice to the respondents, returnable on
23.02.2024. Learned APP waives notice for
respondent No.1.
(ii) The effect of the order passed below Exh.64 in
Special Case No. 246 of 2021 by the learned
Addition Sessions Judge-4, Jalna on 04.01.2024,
suspending the sentence for a period of 30 days, is
hereby extended and continued till the next date
on the same terms and conditions.
(ABHAY S. WAGHWASE, J.)
Tandale
