Bombay High CourtAPPR/161/2015others disposed off

Javed Ibrahim Shaikh v. The State Of Maharashtra

2015-05-08Hon'Ble Shri Justice M.L. Tahaliyani3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRI. REVISION APPLICATION NO. 170 OF 2015 WITH CRIMINAL APPLICATION NO. 161 OF 2015 (for bail) AND CRIMINAL APPLICATION NO. 162 OF 2015 (for suspension) IN CRI. REVISION APPLICATION NO. 170 OF 2015 Javed Ibrahim Shaikh ... Applicant.

V/s.

The State of Maharashtra ... Respondent.

--- Mr. Prasad D. Borkar Advocate for the Applicant. Mrs. A.A. Mane, APP for the State.

Ms. Padma Tatode, Advocate for the Complainant. --- CORAM : M.L.TAHALIYANI,J.

DATE : 08th MAY, 2015 P.C. :

Heard the learned counsel for the applicant and the learned additional public prosecutor for the State. Revision Application be listed after vacation i. e. on 10th June, 2015.

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CRIMINAL APPLICATION NO. 161 OF 2015 (For bail) WITH CRIMINAL APPLICATION NO. 162 OF 2015 (For suspension of sentence) Heard the learned counsel appearing for the Applicant and the learned additional public prosecutor for the State in both the applications.

The applicant has been convicted for the offences punishable under sections 323 and 326 of the Indian Penal Code by order dated 3rd April, 2014. The applicant is in custody from the date of pronouncement of the judgment. He was in custody during the course of the trial also. As such he has remained in custody for about two years. His total period of sentence is three years. In view thereof, I am inclined to grant bail to the applicant.

The applicant be released on bail in sum of Rs.35,000/- with one solvent surety in the like amount or a cash deposit of Rs.35,000/- in lieu of surety. The applicant shall keep himself away from the territorial jurisdiction of Oshiwara Police Station till next date of hearing of the revision application. The applicant shall 2/3

personally appear before this court on the next date i.e. on 10th June, 2015.

The substantive sentence imposed on the applicant shall remain suspended during the pendency of the revision application.

Criminal Application No. 161 of 2015 for bail and Criminal Application No. 162 of 2015 for suspension of sentence shall stand disposed of in the above terms. The trial court and the prison authorities to act on an authenticated copy of this order, issued by the Registry. (JUDGE) .....

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