Mohammad Yakub Ahmed Ali Ansari v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1028 OF 2017 IN CRIMINAL APPEAL NO. 616 OF 2017 Mohammad Yakub Ahmed Ali Ansari ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. Ritesh Ratnam I/b Mr. Ganesh K. Gole for the Applicant Mr. S. S. Pednekar, A.P.P for the Respondent-State CORAM : REVATI MOHITE DERE, J.

FRIDAY, 28 th JULY, 2017 P.C. :

1.

Heard learned Counsel for the parties.

2.

By this application, the applicant seeks suspension of his sentence and enlargement on bail, pending the hearing and final disposal of the aforesaid appeal.

3.

The applicant has been convicted and sentenced vide Judgment and Order dated 20th June, 2017, passed by the learned District Judge-8 and Additional Sessions Judge, Thane, as under :

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- for the offence punishable under Section 135 of the Electricity Act, to suffer RI for 2 years and to pay a fine of Rs. 2 lakhs, in default, to undergo SI for 6 months;

 for the offence punishable under Section 138 of the Electricity Act, to suffer RI for 6 months and to pay a fine of Rs. 1,000/-, in default, to suffer SI for 1 month;

(Both the sentences are directed to run concurrently). 4.

Learned Counsel for the applicant states that the applicant has deposited the fine amount of Rs. 2,01,000/- . He further submits that the applicant was on bail pending the trial and has not abused or misused the conditions of bail. He submits that even after his conviction, the applicant's sentence has been suspended.

5.

Learned A.P.P does not dispute the same.

6.

Perused the papers. The appeal has been admitted by this Court vide order dated 27th July, 2017. The sentence imposed is a short term sentence. The appeal is not likely to be heard in near future. The 2/3

applicant was on bail pending trial and has not misused or abused the conditions of bail.

7.

Accordingly, the application is allowed and the applicant's sentence is suspended and he is enlarged on bail, pending the hearing and final disposal of his appeal, on the following terms and conditions :

ORDER

(i) The applicant be enlarged on bail, on executing PR Bond in the sum of Rs. 25,000/- with one or two sureties in the like amount; (ii) The applicant shall inform his latest place of residence and mobile contact number and/or change of residence or mobile details, if any, from time to time to the Court seized of the matter and to the Investigating Officer of the concerned Police Station; 8.

The application is accordingly disposed of.

9.

All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.

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