Aasif Samad Khan v. The State Of Maharashtra

1 /2 APPR-180-181-17-15 Nalawade FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 180 OF 2017 WITH CRIMINAL APPLICATION NO.181 OF 2017 IN REVISION APLICATION NO.182 OF 2017 Aasif Samad Khan vs. State of Maharashtra Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Ajay Singh for the Applicant.

Ms. A.A.Takalkar, APP. for the Respondent-State. CORAM :A.S.GADKARI, J.

DATE : 19th December, 2017 P.C.

1.

The aforesaid applications are for suspension of sentence and for releasing the applicant on bail respectively. The applicant is convicted under Section 279 of the I.P.C. and sentenced to suffer simple imprisonment for a period of two months and to pay a fine of Rs.1000/- by the learned Metropolitan Magistrate 51st Court, Kurla Mumbai in CC No.71/PS/2007 by an order dated 19.8.2015. The Criminal Appeal No.781 of 2015 preferred by the applicant has been dismissed by the learned Additional Sessions Judge, Greater Mumbai by its Judgment and order dated 10.3.2017. The learned counsel for the applicant submitted that the applicant has already deposited the fine amount before the concerned Court.

2.

As the maximum sentence imposed upon the applicant is

2 /2 APPR-180-181-17-15 two months , I am inclined to release the applicant on bail. 3.

Hence, the following order.

a) The applicant be released on bail in CCNo.71/PS/2007 on his furnishing PR bond of Rs.25,000/-with one or two solvent local sureties in the like amount.

b) During the pendency of the revision application after his release from Jail the applicant shall attend the Metropolitan Magistrate, 51st Court, Kurla, Mumbai on every first Monday of the month between 11.00 a.m.to 2.00p.m. and shall mark his presence.

c) If the 1st Monday of the said month is a holiday then the applicant shall mark his presence immediately on the next working day.

4.

Applications are allowed in the aforesaid terms. (A.S.GADKARI, J.)