Bombay High Court
Irfan Pathan S/O Obidulla Kha Pathan vs The State Of Maharashtra Thr. Pso Sadar ... on 6 May, 2024
2024:BHC-NAG:5390
19.appa.466.24.odt 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION NO.466 OF 2024
IN
CRIMINAL APPEAL NO.264 OF 2024
(Irfan Pathan s/o Obidulla Kha Pathan Vs. The State of Maharashtra)
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Office Notes, Office Memoranda of Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
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Mr. U.P. Dable, Advocate for the appellant.
Ms S. Haider, APP for the State.
CORAM:- URMILA JOSHI-PHALKE, J.
DATED :- MAY 6, 2024.
By this application, the appellant is seeking
suspension of sentence and releasing him on bail under
Section 389 of the Code of Criminal Procedure.
2. The appellant was prosecuted of the offence
punishable under Sections 75, 379, 452, 457, 411, 413
read with Section 34 of the Indian Penal Code and under
Section 26(1), 41(1), 41(2)(b) and 42 of the Indian Forest
Act, 1927 read with Section 21(1) of the Maharashtra
(Urban Areas) Protection and Preservation of Trees Act,
1975. The appellant is convicted of the offence punishable
under Section 379 read with Section 75 of IPC, 447 read
with Section 34 of IPC and under the provisions of the
Indian Forest Act, 1927 and maximum punishment
provided is 3 years imprisonment and fine. In default of
payment of fine the punishment is also imposed. Learned
Counsel for the appellant submitted that maximum
punishment imposed is 3 years and the appeal will take its
own time for its final decision. In the meantime, if
sentence is executed, the appeal will become infructuous.
In view of that, the execution of sentence be suspended
and the appellant be released on bail.
3. Learned Additional Public Prosecutor strongly
opposed the application on the ground that the appeal is
devoid of merits and the application deserves to be
rejected.
4. I have heard learned Counsel for both the
parties and perused the impugned judgment from which
learned Counsel for the appellant has pointed out that he
has arguable points in the present appeal. Admittedly, the
maximum punishment for the said offences imposed is 3
years i.e. a limited period punishment. The appeal will
take its own time for its final decision. In the meantime, if
sentence is executed, the appeal would become
infructuous. In view of that, the application deserves to be
allowed. Accordingly, I proceed to pass following order :
(i) The application is allowed.
(ii) The execution of the sentence vide
order dated 03/04/2024 passed by the
Additional Sessions Judge-9, Nagpur in
Sessions Case No.832/2021 is hereby
suspended till final disposal of the appeal.
(iii) The appellant be released on bail on
executing P.R. Bond in the sum of Rs.15,000/-
(Rs. Fifteen thousand) each with one surety
each, in the like amount.
(iv) The appellant shall furnish their
Cell-phone number and address along with
address proof before the trial Court.
5. The application stands disposed of.
CRIMINAL APPEAL NO.264 OF 2024
Heard.
2. ADMIT.
3. Learned APP waives notice for the State.
4. Call for R. & P.
5. Place the appeal before the Court after
preparation of the paper book.
(URMILA JOSHI-PHALKE, J.)
*Divya
