Munir Ahmad Mohammadin Khan And ANR v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1403 OF 2019 WITH CRIMINAL APPLICATION NO. 1404 OF 2019 IN CRIMINAL APPEAL NO. 1143 OF 2019 Munir Ahmed Mohammadin Khan and Anr.

.. Appellant

Versus

The State of Maharashtra .. Respondent ...

Mr. Nandakumar Sawant, for the Applicant.

Ms Jyoti Lohokare, APP for Respondent No.1/State. Mr. B.R. Gosavi PSI, Kashimira Police station present. CORAM: P. N. DESHMUKH, J.

DATED : 16th OCTOBER, 2019.

P.C:- 1.

These applications are for suspension of sentences and for bail by applicants Munir Ahmed Mohammdin and Sabir Munir Khan (original accused nos. 1 and 2) who came to be convicted for the offence punishable under Section 135 of Electricity Act and sentenced to suffer RI for 2 years and to pay fine of Rs. 3 lakhs each

2/3 4-APPA-1403-19.doc in default to suffer SI for one year. Applicants are also convicted for the offence punishable under section 138 of Electricity Act and are sentenced to suffer RI for 2 years and to pay fine of Rs. 50,000/- in default to suffer SI for 6 months.

2.

Heard learned Counsel for the Applicants and learned APP. It is contended that appellants have already paid total amount of fine and their sentences are suspended by trial Court. Learned Counsel for Applicants had substantiated said contentions on the basis of contents of paragraph no. 6 of the application,, wherein it is stated that on payment of total fine amount of Rs. 7,00,000/-, their sentence is suspended.

3.

Considering the fact that applicants are imposed with short sentences and since have paid the fine, applications are allowed as per order below.

O R D E R

1.

Applicants Munir Ahmed Mohammdin and Sabir Munir Khan shall be released on bail on their executing P. R. Bond in the sum of Rs. 50,000/- each with one surety

3/3 4-APPA-1403-19.doc in the like amount.

2.

While on bail the Applicants shall mark their presence with Kashimira Police Station between 10.00 a.m. to 1.00 p.m. on the first day of each month initially for the period of 6 months and thereafter quarterly on the first day of each such month.

3.

Applications are disposed off as allowed in above terms.

(P. N. DESHMUKH, J.)