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Bombay High CourtWP/990/2022disposed off

Akram Ali Ansari Son Of Tahir Hussain And ANR v. State Of Maharashtra And ANR

2023-02-09Hon'Ble Shri Justice Nitin W. Sambre,Hon'Ble Shri Justice R. N. Laddha2 pages

bipin prithiani 19-wp-990.22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BIPIN DHARMENDER PRITHIANI Date: 2023.02.10 10:41:35 +0530 BIPIN DHARMENDER PRITHIANI CRIMINAL WRIT PETITION NO. 990 OF 2022 Akram Ali Ansari son of Tahir Hussain & Anr.

...

Petitioners

Versus

State of Maharashtra & Anr.

...

Respondents ****** Mr. D. V. Saroj a/w Raees Khan for the Petitioners. Mr. A. R. Kapadnis, APP for the Respondent-State. ****** CORAM: NITIN W. SAMBRE AND R. N. LADDHA, JJ.

DATE : 9th FEBRUARY, 2023 P.C. :- .

After the arrest of the petitioner on 16th September, 2014, he appears to have been released on bail on 15th December, 2014, as such, before conviction he has undergone three months of imprisonment. 2.

It appears that he was convicted on 28th June, 2019 and as such, has undergone three years, seven months and three days as on 31st January, 2023. In addition to above, he is granted remission of one year, one month and one day, as such as on 31st January, 2023, the petitioner has undergone imprisonment for four years, eleven months and four days.

3.

The petitioner appears to have been convicted and sentenced to rigorous imprisonment for five years and in default of payment of fine,

bipin prithiani 19-wp-990.22.doc he was made to suffer the imprisonment for three more months. 4.

Counsel for petitioner on instructions assures that the petitioner shall be permitted to pay find within one week from today. Statement is accepted. The petitioner is directed to deposit the amount of fine in the Court below i.e. Special Court where the punishment for conviction was awarded.

5.

The moment he submits the receipt of payment of fine, we direct the jail authorities, Kolhapur to consider the said issue of payment of fine and communicate the petitioner about the date of his release, within the period of three days from the date of production of the receipt of payment of fine.

6.

The petition accordingly stands disposed of.

[R. N. LADDHA, J.] [NITIN W. SAMBRE, J.]