Ali Ahamad Jibril Shah v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 528 OF 2021 IN CRIMINAL APPEAL NO. 149 OF 2021

1) Ali Ahamad Jibril Shah

2) Aarif @ Nasibdar @ Nasib-Ali @ Amitabh Baur Sai @ Shah ...Appellants

Versus

The State of Maharashtra

...Respondent

Ms. Akshata Desai i/b Mr. Nitin Sejpal, Advocate for the Appellants. Ms. S. V. Sonawane, A.P.P for the Respondent-State. CORAM : REVATI MOHITE DERE, J.

MONDAY , 22ND FEBRUARY 2021 P.C. :

1.

Heard learned counsel for the parties.

2.

By this application, the applicants seek suspension of their sentences and enlargement on bail pending the hearing and final disposal of their aforesaid appeal.

3.

The applicants vide judgment and order dated 10th December 2020 passed by the learned Additional Sessions Judge, Mumbai in Sessions Case No. 6/2015, have been convicted and sentenced as under:- 1/3

- for the offence punishable under Section 489-C read with Section 34 of the IPC, to suffer rigorous imprisonment for three years and to pay fine of Rupees 5,000/-, in default, to suffer simple imprisonment for three months; and - for the offence punishable under Section 474 of the IPC, to suffer rigorous imprisonment for two years and to pay fine of Rs. 3,000/-, in default to suffer simple imprisonment for two months; Both the said sentences were directed to run concurrently. 4.

It is not in dispute that the applicants were on bail pending trial and that their sentences have been suspended post their conviction. It also appears that whilst on bail pending trial, the applicants have not misused the liberty granted to them. The sentence awarded is a short term sentence and the appeal which is admitted today by a separate order, is not likely to be heard in the immediate near future. It appears that the fine amount is already paid.

5.

Considering the aforesaid, the application is allowed and the applicants's sentence is suspended and they are enlarged on bail, pending the hearing and final disposal of their appeal, on the following terms and conditions:

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ORDER

i) The Applicants be enlarged on bail on furnishing P.R. Bond in the sum of Rs.20,000/- (Rs. Twenty Thousands Only) each with one or two local sureties in the like amount;

ii) The Applicants shall report to the trial Court, once in three months on the day/date specified by the trial Court, till their Appeal is finally disposed of;

iii) The Applicants shall keep the trial Court informed of their current addresses and mobile contact numbers and/or change of residence or mobile details, if any, from time to time;

iv) If there are two consecutive defaults in appearing before the trial Court, the learned Judge shall make a report to the High Court and the prosecution would be at liberty to file an application seeking cancellation of bail.

6.

The Application is allowed in the aforesaid terms and is accordingly disposed of.

7.

All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.

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