Ijahar Kayyum Kureshi vs The State Of Maharashtra
2024 Latest Caselaw 14533 Bom

Bombay High Court

Ijahar Kayyum Kureshi vs The State Of Maharashtra on 7 May, 2024

Author: N.R. Borkar

Bench: N. R. Borkar

2024:BHC-AS:21257

                                                                                               8-ia-1935-2024.doc


                                                                                                            Arun

                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                              CRIMINAL APPELLATE JURISDICTION
                                            INTERIM APPLICATION NO. 1935 OF 2024
                                               (For Suspension of Sentence and bail)
                                                                IN
                                                     APPEAL NO.483 OF 2024

                            Ijahar Kayyum Kureshi                       ...Applicant
                                   Versus
                            The State of Maharashtra                            ...Respondent

                            Mr Ujwal Agandsurve, for the Applicant.
                            Mr Swapnil V Walve, APP for the Respondent-State.

                                                          CORAM   :     N. R. BORKAR, J.

                                                          DATE    :     7th MAY 2024.
                            PC:-

1. The applicant has filed appeal against the judgment and order

dated 3rd April 2024 in Sessions Case No. 205 of 2021, by which the

trial court has convicted the applicant for the offence punishable under

Section 323 of the Indian Penal Code and sentenced him to pay a fine

of Rs.5,000/- and in default to suffer further rigorous imprisonment for

ARUN RAMCHANDRA six month. He is further convicted for the offence punishable under SANKPAL

Section 324 of the Indian Penal Code and sentenced to suffer rigorous

imprisonment for three years.

2. By this application, the applicant has prayed that the substantive

sentence be suspended and he be released on bail.

8-ia-1935-2024.doc

3. I have heard learned counsel for the applicant and learned APP

for the respondent-State.

4. The learned counsel for the applicant submits that the applicant

has good case on merits. There is no substantive evidence to connect

the applicant with the alleged crime. It is submitted that the applicant

has deposited the fine amount.

5. On the other hand, learned APP for the Respondent-State

submits that considering the nature of offence for which the applicant

has been convicted, the sentence may not be suspended.

6. This Court has admitted the appeal filed by the applicant. The

applicant was on bail during trial and he did not misuse the liberty

granted to him. Considering the overall facts and circumstances, I am

inclined to suspend the sentence and release the applicant on bail.

7. Interim Application is allowed.

8. Till the decision of appeal, the substantive sentence of

imprisonment is suspended and the Applicant is released on bail on

executing P.R. Bond in the sum of Rs. 15,000/- with one surety in the

like amount.

9. Bail be furnished before the trial court.

(N.R. BORKAR, J.)