Phiroz Ahammed S/O Abdul Latheif vs Sayed Salman Sattar S/O Karkal Sayed ...
2024 Latest Caselaw 3392 Bom

Bombay High Court

Phiroz Ahammed S/O Abdul Latheif vs Sayed Salman Sattar S/O Karkal Sayed ... on 5 February, 2024

Author: Prakash D. Naik

Bench: Prakash D. Naik

                                                                     5-REVN-544-2022.doc




              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CRIMINAL APPELLATE JURISDICTION

            CRIMINAL REVISION APPLICATION NO. 544 OF 2022
                               WITH
            CRIMINAL REVISION APPLICATION NO. 545 OF 2022
                               WITH
            CRIMINAL REVISION APPLICATION NO. 530 OF 2022

 Phiroz Ahammed S/o. Abdul Latheif                            ... Applicant

           Versus

 Sayed Salman Sattar Karkal Sayed
 Abdul Sattar & Anr.                                          ...Respondents

                                           ....
 Mr. Ankit Bamboli a/w Mr. Omar Farooq a/w Ms. Risha Rathod,
 Advocate for the Applicant.
 Mr. B.M. Shaikh i/by Mr C.S. Lamba, Advocate for the Respondent
 No.1.
 Mr. Arfan Sait, APP for the Respondent - State.

                                           ....


                           CORAM     :        PRAKASH D. NAIK, J.

                           DATE      :            5th FEBRUARY, 2024.


 P.C.:

1. Although vide order dated 24th January 2024 the applications

were directed to be listed on 5th March 2024, learned Advocate for

the Applicant has filed praecipe for listing these applications on

board today. It is submitted that pursuant to order dated 24 th

Sajakali Jamadar 1 of 3

5-REVN-544-2022.doc

January 2024, the applicant had preferred an application before

the Court of learned Metropolitan Magistrate, 23 rd Court,

Esplanade, Mumbai for issuance of conviction warrant against the

revision applicant/accused. However, the learned Magistrate did

not issue warrant and sought specific directions from this Court for

issuance of warrant.

2. The applicant has been convicted vide Judgment and order

dated 23rd April 2019 passed by the Court of learned Metropolitan

Magistrate, 23rd Court, Esplanade, Mumbai in three separate cases

viz. C.C. No.2647/SS/2015, C.C. No.2648/SS/2015, C.C.

No.2649/SS/2015. The Judgment of conviction was challenged by

the applicant before the Sessions Court by preferring Criminal

Appeal Nos.411 of 2019, 412 of 2019 & 413 of 2019. The said

Appeals were dismissed vide order dated 9th November 2022.

3. Vide order dated 24th January 2024 passed by this Court in

the present revision applications, interim order passed by this Court

was vacated and the trial Court was directed to initiate appropriate

action in respect to Judgment of conviction and sentence imposed

by the Court.

4. Considering the aforesaid circumstances it is expected that

the trial Court shall issue conviction warrant against revision

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5-REVN-544-2022.doc

applicant/accused in the light of the Judgment of conviction

warrant for undergoing sentence imposed by the trial Court passed

in the aforesaid cases.

5. The revision applications be listed listed on 5th March 2024.

                                                 (PRAKASH D. NAIK, J.)




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