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Bombay High CourtAPPR/603/2016rejected for not removing office objections

Firoz Ismail Shaikh v. The State Of Maharashtra

2016-10-26Hon'Ble Shri Justice P.N. Deshmukh2 pages

Prodn-5-APPR-603-2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE SIDE CRIMINAL APPLICATION NO.603 OF 2016 IN CRIMINAL REVISION APPLICATION NO.598 OF 2016 Firoz Ismail Shaikh ...

Applicant V/s.

The State of Maharashtra ...

Respondent .....

Mr. V.V.Purwant, Advocate for the Applicant.

Ms. V.S.Mhaispurkar, APP for the Respondent/State. ....

CORAM :

P. N. DESHMUKH J.

DATED :

OCTOBER 26, 2016.

P.C.

Not on board. Upon mentioning, taken on board. Issue notice to respondent. Learned APP waives notice for State. By this application, it is prayed that sentence of imprisonment imposed upon applicant by the learned trial Court be suspended and he be released on bail pending his revision application. Learned counsel for applicant has submitted that he is sentenced to suffer SI for a term of two years which can be said to be as short sentence and has also contended that as applicant was on bail pending trial, application be allowed.

It appears that applicant is convicted for the offence punishable under Sections 279, 304-A and 337 of IPC. Maximum sentence imposed upon applicant is under Section 304-A of IPC for a Shivgan 1/2

Prodn-5-APPR-603-2016 term of two years and to pay fine of Rs.1,000/- in default to suffer SI for one month. Considering the term of sentence and as applicant was on bail pending trial, application is allowed as per order below:

(1) Applicant shall be released on bail on his executing P.R.Bond in the sum of Rs.15,000/- with one surety in the like amount.

(2) Applicant shall mark his presence with Wada Police Station, once in six months, on the first day of such month, pending revision.

(3) Applicant shall produce proof of his residence to the Investigating Officer and update change in address, if any, in future, to the concerned police station.

Application stands disposed of as allowed.

(P. N. DESHMUKH J.) Shivgan 2/2