Rukayyabi Alias Shagupta Najim Pinjari vs The State Of Maharashtra
2024 Latest Caselaw 6531 Bom

Bombay High Court

Rukayyabi Alias Shagupta Najim Pinjari vs The State Of Maharashtra on 1 March, 2024

2024:BHC-AUG:4515


                                                                     CriAppln-4407-2023
                                                -1-

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                             CRIMINAL APPLICATION NO. 4407 OF 2023
                                              IN
                               CRIMINAL APPEAL NO. 1155 OF 2023

                Rukayyabi alias Shagupta Najim Pinjari
                Age : 24 years, occu : Household,
                R/o. Nhavi Pinjarwada, Taluka Yawal,
                District Jalgaon.                                  ... Applicant

                      Versus

                The State of Maharashtra
                Through its : PSO Faizpur Police Station.       ... Respondent
                                                 .....
                       Mr. Abhishek C. Deshpande, Advocate for the Applicant.
                           Mr. S. M. Ganachari, APP for Respondent-State.
                                                 .....

                                        CORAM :       ABHAY S. WAGHWASE, J.
                                        DATED :       01.03.2024


                ORDER :

1. Heard.

2. Issue notice to the respondent-State. Learned APP waives

notice.

3. This is an application for suspension of sentence and grant of

bail on account of conviction recorded by learned trial court on

13.10.2023 in Sessions Case No. 6 of 2017 holding applicant guilty CriAppln-4407-2023

for offence punishable under Sections 306, 498-A, 201 of the Indian

Penal Code [IPC] and sentenced to suffer three years rigorous

imprisonment.

4. Learned counsel for the applicant submitted that present

applicant and others were chargesheeted for above charge and tried

by learned Additional Sessions Judge, Bhusawal, who, after trial,

convicted and sentenced applicant and others as spelt out in the

operative part of the order. He pointed out that other accused, who

have approached this Court by filing appeal, are already given benefit

of suspension of sentence and grant of bail. He seeks similar

treatment. He further pointed out that even like them, present

applicant was on bail during trial. As much more time would be

required to hear the appeal, he prays to suspend the sentence and

grant bail.

5. Learned APP opposed on the ground that offence is serious.

6. After hearing above submissions and on going through the

papers, it seems that trial was conducted for offences under Sections

306, 498-A, 201 of IPC and by judgment and order of conviction

dated 13.10.2023, guilt is recorded for the said offences. Sentence CriAppln-4407-2023

awarded for offence under Section 306 is rigorous imprisonment for

three years. Learned APP does not dispute that applicant was on bail

during trial. Further, copy of the order passed by this Court in respect

of similarly situated co-accused Abid was called. His sentence is also

suspended and he is already set at liberty. Therefore, present

application also deserves to be allowed. Accordingly, I proceed to pass

the following order:

ORDER

I. The application is hereby allowed and substantive sentence of imprisonment imposed upon the applicant for the offences punishable under Sections 306, 498-A and 201 of IPC in Sessions Case No. 6 of 2017 under judgment and order dated 13.10.2023 passed by learned Additional Sessions Judge, Bhusawal, is hereby suspended during pendency of Criminal Appeal No. 1155 of 2023.

II. Applicant be released on bail on execution of P. R. bond of Rs.25,000/- with one or more solvent sureties in the like amount.

III. Bail before lower court.

IV. Application is accordingly disposed of.

[ABHAY S. WAGHWASE, J.] vre