Salman Ayub Shaikh v. The State Of Maharashtra And ANR.

Osk 23-Ia-1824-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1824 OF 2023 IN CRIMINAL APPEAL NO. 408 OF 2019 Salman Ayub Shaikh ... Applicant/Appellant V/s.

The State of Maharashtra & Anr.

... Respondents Mr. Aditya Sharma a/w. Ms. Priya Maurya i/b. Mr. Keshav S. Chavan for Applicant/Appellant.

Ms. A.A. Takalkar, A.P.P. for Respondent-State. CORAM : A. S. GADKARI AND SHYAM C. CHANDAK, JJ.

DATE : 6th February 2024.

P.C. :

1) This is a successive application of suspension of sentence and releasing the Applicant on bail.

2) Heard Mr.Sharma, learned Advocate for Applicant and Ms.Takalkar, learned A.P.P. for Respondent-State. Perused record. 3) Applicant is convicted under Section 302 of Indian Penal Code and sentenced to suffer imprisonment for life by the learned Additional Sessions Judge (C.R. No.56), Gr. Mumbai by its Judgment and Order dated 17th January 2019, passed in Sessions Case No. 449 of 2013. 4) It is an admitted fact on record that, since the date of his arrest i.e. 2nd April 2013, the Applicant is behind bars and as of today has 1/3

Osk 23-Ia-1824-2023.doc undergone approximately 10 years and 06 months in incarceration. 5) In view of the guidelines issued by the Hon'ble Supreme Court in the case of Saudan Singh Vs. The State of Uttar Pradesh in Criminal Appeal No. 308 of 2022 [@ SLP (Crl.) No. 4633 of 2021], dated 25th February 2022 and the view expressed in cases of (i) Suleman Vs. The State of Uttar Pradesh, Criminal Appeal No. 491 of 2022 (Arising out of SLP (Crl) No. 1451 of 2022) dated 25th March 2022 and (ii) Dinesh @ Paul Daniel Khajekar Vs. State of Maharashtra & Anr., Criminal Appeal No. 2987 of 2023 (Arising out of S.L.P. (Crl.) No. 10320 of 2023) dated 25th September 2023, the Applicant is entitled to be released on bail during the pendency of Appeal. 6) Hence, the following Order.

(i) Applicant shall be released on bail in Sessions Case No. 449 of 2013, arising out of CR No. 61 of 2013 registered with Bandra Police Station, Mumbai, on his furnishing P.R. bond of Rs.25,000/- with one or two solvent local sureties in the like amount.

(ii) After his release from Jail and during the pendency of the present Appeal, the Applicant shall attend Bandra Police Station, Mumbai, on every first Monday of the month between 10:00 am and 12:00 noon initially for a period of one year.

After end of one year, the Applicant shall attend Bandra Police Station, Mumbai, on every first Monday of the every 3rd Month between 10:00 am and 12:00 noon. The Applicant thus shall attend Bandra Police Station, 2/3

Osk 23-Ia-1824-2023.doc Mumbai, four times in a year during the pendency of the present Appeal.

(iii) In case of two consecutive defaults in complying with the aforestated conditions, the Prosecution is at liberty to file an application for cancellation of bail.

(iv) Applicant shall inform his prospective residential address to the trial Court. Applicant shall keep informed the trial Court any change in his residential address and his mobile number, on which he can be contacted.

(v) Applicant shall make himself available at the time of final hearing of the Appeal.

7) Interim Application is allowed in the aforesaid terms. ( SHYAM C. CHANDAK, J. ) ( A.S. GADKARI, J. ) by OMKAR SHIVAHAR KUMBHAKARN Date:

2024.02.13 09:41:33 +0530 OMKAR SHIVAHAR KUMBHAKARN 3/3