Parvez Gulam Rasool Amir Shaikh v. The State Of Maharashtra

Prodn-6-APPR-606-2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE SIDE CRIMINAL APPLICATION NO.606 OF 2016 IN CRIMINAL REVISION APPLICATION NO.601 OF 2016 Parvez Gulam Rasool Amir Shaikh ...

Applicant V/s.

The State of Maharashtra ...

Respondent .....

Mr. K.M.Sangani, Advocate for the Applicant.

Mr. A.R.Kapadnis, 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 on behalf of State. Learned counsel for applicant submits that applicant came to be convicted for the offence punishable under Section 353 of IPC and is sentenced to suffer SI for one month and to pay fine of Rs.20,000/- in default to suffer SI for 8 days. It is contended that pending trial applicant was on bail and on dismissal of his appeal by the Sessions Court, he is taken into custody. It is also contended that out of fine amount of Rs.20,000/-, applicant has paid fine amount of Rs.15,000/- of which money receipts are tendered at the bar. Record reveals that applicant is convicted by the trial Court as aforesaid and is imposed with fine of Rs.20,000/-. Considering the Shivgan 1/2

Prodn-6-APPR-606-2016 punishment as imposed which SI for one month, application is allowed as per order below:

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

(2) Applicant shall be released on provisional cash bail of Rs.15,000/- and shall furnish surety within three weeks from the date of his release. (3) Applicant shall mark his presence with Oshiwara Police Station once in six months, on the first day of such month, pending revision.

(4) Applicant shall deposit Rs.5,000/- before Metropolitan Magistrate, 22nd Court, Andheri by 27.10.2016.

(5) 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.

Parties to act upon a copy of this order duly authenticated by the Sheristedar of this Court.

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