Bombay High Court
Sheikh Nasir @ Lala Sheikh Gulab vs State Of Maharashtra Thr Pso Ps Talegaon ... on 16 October, 2025
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
Criminal Application (APPA) No. 867 of 2025
in
Criminal Appeal Stamp No. 8724 of 2025
1. Sheikh Nasir @ Lala Sheikh Gulab
2. Sheikh Gulab Sheikh Ahmad
R/o Bharaswada, Tah. Ashti, Dist. Wardha
Versus
State of Maharashtra through Police Station Officer, Police Station
Talegaon, Tah. Ashtiu, Dist. Wardha
Office Notes, Office Memoranda of Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
Shri M.N.Rai, Advocate for the applicant.
Shri Amit Chutke, APP for the non-applicant/State.
CORAM : NIVEDITA P. MEHTA, J.
DATED : 16th OCTOBER, 2025.
The applicants have preferred this appeal
assailing the judgment dated 08.07.2025 passed by the
learned Sessions Judge, Wardha in Session Case No. 16
of 2015, thereby convicting the applicants under Section
325 read with Section 34 of the Indian Penal Code.
2. This is an application seeking condonation
of delay of 30 days in filing the appeal against the
judgment and order of conviction and sentence passed
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by the learned Trial Court in Sessions Case No. 16/2015
dated 08.07.2025.
3. Learned counsel for the applicants submits
that the applicants were under the bona fide impression
that the sentence imposed upon them had been
suspended for a period of three months. It is further
submitted that due to financial constraints, the
applicants were unable to avail appropriate legal
remedies within the prescribed period. Hence, the
present application has been filed seeking condonation
of delay.
4. Per contra, learned Additional Public
Prosecutor opposes the application, contending that the
reasons assigned are not sufficient to constitute
"sufficient cause" as required under law, and therefore,
the application is liable to be rejected.
5. Upon considering the rival submissions and
the explanation offered, this Court finds that the delay
of 30 days is not inordinate and the cause shown is
bonafide and reasonable. The applicants appear to have
been under a genuine misapprehension regarding the
suspension of sentence, coupled with financial
difficulties which constrained them from filing the
appeal in time. In the interest of justice, this Court is
inclined to condone the delay.
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6. Criminal application is disposed of.
Office is directed to register the appeal.
Criminal Appeal Stamp No. 8724 of 2025
Heard.
2. ADMIT.
3. Shri Chutke, learned Addl. Public
Prosecutor waives service of notice on behalf of the
respondent/State.
4. Call record and proceedings.
5. Registry is directed to prepare the paper
book at the earliest.
Criminal Application No. _________ of Criminal
The present application is filed by the
applicants under Section 430 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 seeking suspension of sentence
and grant of bail, pending final disposal of the criminal
appeal.
2. The present application has been filed
seeking suspension of sentence and release on bail
pending the final disposal of the appeal preferred by the
applicants.
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3. The applicants have preferred Criminal
Appeal Stamp No. 8724 of 2025, challenging the
judgment and order dated 08.07.2025, passed by the
learned Sessions Judge, Wardha in Sessions Case No. 16
of 2015, whereby the applicants have been convicted for
the offence punishable under Section 325 read with
Section 34 of the Indian Penal Code, and sentenced to
undergo rigorous imprisonment for a period of two
years and to pay a fine of ₹1,000/- each1,000/- each, in default
whereof, to undergo simple imprisonment for a period
of one month.
4. Learned counsel for the applicants submits
that there are material discrepancies and inconsistencies
in the testimony of prosecution witnesses, particularly
with respect to the medical evidence, which does not
corroborate the ocular version. It is further submitted
that the applicants were on bail throughout the trial, and
there is no allegation of misuse of liberty. The applicants
also contend that they have a fair chance of succeeding
in the appeal, which is not likely to be heard in the near
future.
5. Per contra, learned Additional Public
Prosecutor has opposed the application, contending that
the offence is of a serious nature, and there exists a real
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possibility of the applicants influencing or threatening
prosecution witnesses, if released on bail.
6. Upon considering the rival submissions, the
nature of the offence, the sentence imposed, the fact that
the applicants were on bail during trial and did not
misuse the liberty granted, and further considering that
the appeal is not likely to be heard in the immediate
future, this Court is of the considered opinion that a case
for suspension of sentence pending appeal is made out.
Accordingly, the application is allowed.
7. The substantive sentence imposed upon the
applicants by the learned Sessions Judge, Wardha in
Sessions Case No. 16 of 2015, is hereby suspended
pending final disposal of the appeal.
The applicants shall be released on bail on the following
conditions:
i) The applicants shall execute a Personal
Recognizance Bond in the sum of ₹1,000/- each20,000/- (Rupees
Fifteen Thousand only) each with one solvent surety in
the like amount, to the satisfaction of the Trial Court.
ii) The applicant no.1 only shall report before
the Trial Court on the 1st Wednesday of every calendar
month until further orders.
iii) The applicants shall furnish his current
residential address and mobile number to the concerned
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Sessions Court and shall inform the Court of any change
in address or contact details forthwith.
iv) It is clarified that the learned Additional
Public Prosecutor and/or the Investigating Officer shall
be at liberty to move for cancellation of bail in the event
of breach of any of the aforementioned conditions or for
any other sufficient cause.
The criminal application stands disposed of
accordingly.
[NIVEDITA P. MEHTA, J.]
Signed by: Mr. S.K. NAIR
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Designation: PS To Honourable Judge
Date: 16/10/2025 19:01:37
