Ashraf Ali Ansari And Others v. The State Of Maharashtra

SMITA JOHNSON GONSALVES Date: 2023.02.07 11:01:15 +0530 SMITA JOHNSON GONSALVES sg 1/2 502.ia473-23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.473 OF 2023 IN CRIMINAL REVISION APPLICATION NO.37 OF 2023 Asharaf Ali Ansari and others ..

Applicants v/s.

The State of Maharashtra ..

Respondent ....

Mr. Nitin Sejpal, a/w. Ms. Sakshi Jha, for the Applicants. Mr. Arfan Sait, APP, for Respondent State.

....

CORAM: R.G. AVACHAT, J.

DATE : 6 FEBRUARY 2023.

P.C:- The Applicants have been convicted for the offence punishable under Section 379 r/w 34 of Indian Penal Code. Therefore, sentenced to suffer R.I. for one year. They have been unsuccessful in their appeal against conviction. They are, therefore, in revision before this Court. Both the Applicants have been behind the bar for about last 20 days.

2.

It is informed that the prime witness in the case had turned hostile and still the Applicants came to be convicted and consequently sentenced.

sg 2/2 502.ia473-23.doc 3.

The Applicants are stated to be drivers by profession. 4.

Pending the revision application, execution of substantive sentence of imprisonment to stand suspended.

5.

Both the Applicants be released on their executing P.R. Bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand only) each and Surety Bond in the like amount.

7.

Bail before the trial court. Call R & P.

8.

Application No.473 of 2023 stands disposed of. 9.

Issue notice to the Respondents in Criminal Revision Application No.37 of 2023 returnable on 6 March 2023. Learned APP waives service for the Respondent State.

10.

Parties to act upon the authenticated copy of this order. (R.G. AVACHAT, J.)