Hayat Mohammad Najir Khan v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL/ CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1029 OF 2019 IN CRIMINAL APPEAL NO.894 OF 2019 Hayat Mohammad Najir Khan ...

Applicant v/s.

The State of Maharashtra ...

Respondent Mr. Raju D. Suryawanshi for the applicant.

Mr. A.S.Patil, APP for the State.

CORAM : DAMA SESHADRI NAIDU, J.

24th July 2019.

P.C.

The applicant has been convicted for the offence under Section 135 of the Electricity Act. The Additional Sessions Judge in Spl. MSEB Case No.118/2008, through judgment dated 14th June 2019, imposed a sentence of two years, besides a fine of Rs.8,75,000/-. It seems before the Lower Court the applicant paid the entire fine and had the sentence suspended, though the trial Court has not mentioned the period of that suspension. I reckon it was for a month.

2. Under these circumstances the sentence is suspended and the

2/2 13appa1029.19.doc applicant is enlarged on bail subject to following conditions:

O R D E R

(i) Criminal Application is allowed.

(ii) Substantive sentence imposed on the applicant-accused is suspended and is directed to be released on bail on his executing P.R. Bond in the sum of Rs. 15,000/- and on furnishing two sureties in the like amount.

(iii) As a condition of this order, the applicant--accused should not contact the first informant, or any other witness. (iv) The applicant's failure to abide by these conditions shall entail the prosecution to apply for cancellation of bail granted to the applicant.

(v) Criminal Application is, accordingly, disposed of. (DAMA SESHADRI NAIDU, J) L.S. Panjwani, P.S.