Baba @ Ramzan Shaikh v. The State Of Maharashtra

9.appa.951.2016.doc dik

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 951 OF 2016 IN CRIMINAL APPEAL NO.1134 OF 2015 Mr Baba alias Ramzan Shaikh ...Applicant vs The State of Maharashtra

...Respondent

.....

Mr Ashish Satpute h/f Aniket Nikam for the Applicant. Mr P.H.Gaikwad Patil, APP for the Respondent .....

CORAM : P.N.DESHMUKH, J.

28 SEPTEMBER, 2016 P.C. :

This is subsequent application filed for suspension of sentence and for grant of bail by the accused. Perused the documents filed along with the impugned judgment. The applicant is found convicted for the offence punishable under Section 307 of IPC and is sentenced to suffer simple imprisonment for four years and to pay fine of Rs.500/- i/d to suffer further S.I. for one month. The applicant is further convicted under Section 3/25(1-B) of the Arms Act and is sentenced to suffer imprisonment for one year and to pay fine of Rs.500/- i/d to suffer further S.I. for 15 days. Both the sentences are directed to run concurrently.

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9.appa.951.2016.doc Learned advocate for the applicant has fairly submitted that earlier application was rejected by this Court on the ground of pendency of criminal cases against the applicant, however has contended that at the time of rejection of earlier application on 8 March, 2016, applicant was never absconding much less in a case registered for the offence p/u/s 307 of I.P.C. Learned APP has placed on record police report with reference to the cases which are pending against the applicant registered at various police stations in Thane district. Considering the pendency of cases as aforesaid together with the fact of earlier application moved by the applicant, having been rejected on the same ground, the application is devoid of any merits. Office note shows that the paper book is already ready. In that view of the matter and in view of the liberty granted to the applicant earlier by this Court by its order dated 8 March, 2016, the office to place the appeal for final hearing in the week commencing from 5 December, 2016. The application is accordingly disposed off as rejected.

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