Taher @ Lala Sharif Shaikh v. The State Of Maharashtra
Mhi 1 Appeals-1104-12,105-13 & 1200IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1104 OF 2012 Mr. Shoeb Munir Shaikh ...
Appellant vs.
(Orig.Accused No.4) The State of Maharashtra ...
Respondent ALONG WITH CRIMINAL APPEAL NO. 105 OF 2013 1.
Shahabaz Feroz Khan ) 2.
Shadab Hussain Shaikh )...
Appellants vs.
(Orig. Accused Nos. 1 & 2) The State of Maharashtra ...
Respondent ALIONG WITH CRIMINAL APPEAL NO. 1200 OF 2012 Mr. Taher @ Lala Sharif Shaikh ...
Appellant vs.
(Orig. accused No.3) The State of Maharashtra ..
Respondent ALONG WITH CRIMINAL APPLICATION NO. 15 OF 2015 in Criminal Appeal No. 105 of 2013 Shahabaz Feroz Khan ..
Applicant vs.
The State of Maharashtra ..
Respondent ALONG WITH CRIMINAL APPLICATION NO. 520 OF 2015 in
Mhi 2 Appeals-1104-12,105-13 & 1200Criminal Appeal No.1200 of 2012 Mr. Taher @ Lala Shariff Shaikh ...
Applicant vs.
The State of Maharashtra ...
Respondent Mr. Prakash Naik for appellant in Appeal No.1104/2012 Mr. P.G.Sarda for appellant in Appeal No.105 of 2013. Ms. Mallika Ajay Ingale for appellant in Appeal No.1200 of 2012. Ms. A.A.Mane, APP, for the State.
CORAM:
SMT.SADHANA S.JADHAV,J.
DATE : 16th December, 2015.
P.C.
For the reasons to be recorded separately, the following order is passed :- (1) The conviction of the appellants for the offences punishable under Section 392 read with Section 34 of Indian Penal Code, Section 3(1) (ii) of Maharashtra Control of Organized Crime Act, 1999, Section 3(2) of Maharashtra Control of Organized Crime Act, 1999, and Section 3(4) of Maharashtra Control of Organized Crime Act, 1999 is quashed and set aside.
(2) The appellants herein are convicted for the offence punishable under Section 411 read with Section 34 of Indian Penal Code and are sentenced to rigorous imprisonment for three years which is already
Mhi 3 Appeals-1104-12,105-13 & 1200undergone by the appellants and fine of Rs.1,000/- each, in default further R.I. for one month.
(3) The appellant - Shoeb Munir Shaikh - accused No.4 in Criminal Appeal No.1104 of 2012 is reported to have undergone substantive sentence of 3 years, 10 months and 8 days. (4) The appellant Shadab Hussain Shaikh - accused No.2 in Criminal Appeal No.105 of 2013 is reported to have undergone substantive sentence of 5 years, 3 months and 7 days.
(5) The appellant Shahabaz Feroz Khan - accused No.1 in Criminal Appeal No.105 of 2013 has also undergone substantive sentence of 5 years, 3 months and 7 days.
(6) The appellant Taher @ Lala Sharif Shaikh - accused No.3 in Criminal Appeal No.1200 of 2012 has undergone substantive sentence of 3 years, 10 months and 8 days.
(7) In view of this, the appellants be enlarged forthwith, if not
Mhi 4 Appeals-1104-12,105-13 & 1200required in any other offence. (8) Their bail bonds stand cancelled.
(9) The amount of fine, if any, paid, be refunded to the appellants. All the Appeals stand disposed of accordingly. In view of the disposal of the appeals, Criminal Application Nos. 15 of 2015 and 520 of 2015 stand disposed of accordingly.
(SMT.SADHANA S.JADHAV, J.)