Shakir Yajul Shaikh v. The State Of Maharashtra

512 APPR 84 OF 2019 vks

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.84 OF 2019 IN CRIMINAL REVISION APPLICATION NO.66 OF 2019 Shakir Yajul Shaikh ...

Applicant.

V/s.

The State of Maharashtra ...

Respondents Mr. Manas N. Gawankar, for the applicant.

Mr. S. S. Pednekar, APP for respondent.

CORAM : MRS. MRIDULA BHATKAR, J.

DATE : 8th FEBRUARY, 2019.

P.C. :

1] Not on board.

2] Upon mentioning, taken on today's board.

3] This application is moved for bail and suspension of sentence as the applicant accused is convicted for the offence punishable under Section 3 Z (2) read with Section 3 Z(2) (6) of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 197,1 and sentenced him to suffer S.I. for one year and fine of Rs.2,000/- in default to undergo S.I. for one month, by the order dated 24.08.2016, passed by the learned Metropolitan Magistrate, 41st Court, Shindewadi, Dadar. The said judgment and order was confirmed in Criminal Appeal No.813 of 2016, by the order 1/2

512 APPR 84 OF 2019 dated 09.01.2019 by the learned Additional Sessions Judge, City Civil and Sessions Court, Greater Mumbai.

4] Learned counsel for the applicant submits that the applicant is not in custody. However, he was on bail throughout the trial and during the appeal period. He has a very good case on the merits and this Revision application may not be heard in near future. Hence, he prays for bail.

5] The learned APP submits to the orders of the Court. 6] Considered the submissions advanced. As the applicant was on bail through out the trial and in appeal period. Hence this application is allowed with following order.

Order i) Sentence is suspended pending hearing and final disposal of this Revision Application.

ii) The applicant be released on bail, on his furnishing P. R. Bonds in the sum of Rs.15,000/- with one or two sureties in the like amount, and on the same terms and conditions on which he was on bail during the trial.

iii) He shall remain present at the time of hearing of this Revision Application.

7] The Revision Application be placed for hearing on 05.04.2019.

[MRS. MRIDULA BHATKAR, J.] 2/2