Bombay High Court
Hafijullakhan Nabiullakhan And ... vs The State Of Maharashtra Through The ... on 5 September, 2024
1 appa839.24.O.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
CRIMINAL APPLICATION (APPA) NO.839 OF 2024
IN
CRIMINAL APPEAL NO.481 OF 2024
(Hafijullakhan Nabiullakhan and another Vs. The State of Maharashtra thr. the
officer in charge Hiwarkhed Police Station, Tah. Khamgaon, Dist. Buldhana)
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Office Notes, Office Memoramda of Coram,
appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
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Mr. K. S. Agrawal, Advocate for Appellants/Applicants.
CORAM: URMILA JOSHI PHALKE, J.
DATE: 5th SEPTEMBER, 2024.
1. By preferring this application, the appellant has
challenged the judgment and order of sentence passed by
the learned Additional Sessions Judge, Khamgaon by which
the appellant is convicted for the offences punishable under
Sections 332, 294, 506 and 353 read with Section 34 of the
Indian Penal Code the maximum sentence awarded is one
year and fine of Rs.500/- each for the offences under
Sections 332, 294, 506 and 353 read with Section 34 of the
Indian Penal Code.
2. The learned counsel for the appellant submitted
that he has already deposited the amount of fine. He further
submitted that the learned trial court has not scrutinized the
evidence in proper perspective. He has many arguable
points in the present appeal. Moreover, punishment
imposed is of a limited period. The appeal would take its
2 appa839.24.O.odt
own time for its final disposal. In the meantime, if the
sentence is executed, the purpose behind preferring the
appeal would frustrate. In view of that, the execution of the
sentence be suspended.
3. The learned APP strongly opposed the said
application on the ground that the appeal itself is devoid of
merit and therefore, application deserves to be rejected.
4. After hearing the learned counsel for the
appellant and the learned APP for the State, perused the
impugned judgment from which the learned counsel for the
appellant has pointed out that he has many arguable points.
Moreover, the punishment imposed is of a limited period.
Undisputedly, the appeal would take its own time for its
final disposal and in the meantime, till then the purpose of
preferring the appeal would frustrate. In view of that, the
application deserves to be allowed. Accordingly, I proceed to
pass the following order:
[i] The application is allowed.
[ii] The execution of the sentence is suspended
till disposal of the appeal.
[iii] The appellant shall be released on bail on
executing P.R. bond in the sum of
Rs.25,000/- with one solvent surety in the
like amount.
3 appa839.24.O.odt
5. The application stands disposed of.
CRIMINAL APPEAL NO.481 OF 2024:
1. Heard.
2. Admit.
3. Call for record and proceedings.
4. Mr. K. R. Lule, learned APP waives notice for
respondent/State.
5. Place the appeal before the Court after
preparation of the paper-book.
(URMILA JOSHI-PHALKE, J.)
NSN
Signed by: Mr. N.S. Nikhare
Designation: PA To Honourable Judge
Date: 06/09/2024 17:31:40
