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Bombay High CourtREVN/529/2015others disposed off

Mohammed Ismail Damani v. The State Of Maharashtra And ANR

2015-11-18Hon'Ble Shri Justice A.V. Nirgude3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION REVISION APPLICATION NO.529 OF 2015 WITH APPLICATION NO.463 OF 2015 {For Bail} IN REVISION APPLICATION NO.529 OF 2015 AND APPLICATION NO.464 OF 2015 {For Suspension of Sentence} IN REVISION APPLICATION NO.529 OF 2015 Mohammed Ismail Damani .... Applicant Vs.

State of Maharashtra & Anr.

.... Respondents Mr. Archit Sakhalkar for the Applicant.

Ms Anamika Malhotra, APP, for the Respondent-State. Mr. Sunil R. Yadav for Respondent No.2.

CORAM: A.V. NIRGUDE, J.

DATED: NOVEMBER 18, 2015 P.C:

Not on board. Taken up on production board on request.

2.

The revision application challenges the Judgment and Order, dated 29-10-2015, passed by the learned Additional Sessions Judge, Greater Mumbai dismissing the criminal appeal of the applicant at the trial stage. The applicant was convicted under Section 506 (Part-I) of the IPC and was sentenced to undergo simple imprisonment for six months with fine of Rs.5,000/-. As stated above, the appeal was also dismissed. 3.

Today I am told that the parties have settled their disputes and the complainant/respondent No.2 has agreed to withdraw his allegations. Learned counsel for respondent No.2 is present and has confirmed that the parties have settled their disputes and have filed a compromise pursis in a connected case. 4.

In view of the above, the revision application is allowed. The applicant is acquitted of the offence punishable under Section 506 (Part-I) of the IPC. He shall be released from custody forthwith. The revision application is disposed of.

5.

In view of acquittal of the applicant, Criminal Application Nos.463 and 464 of 2015 for bail and for suspension of sentence, respectively, do not survive and they accordingly stand disposed of 6.

Authenticated copy of this order shall be produced before the concerned Jail Authorities for release of the applicant. 7.

All concerned to act upon the authenticated copy of this order.

(A.V. NIRGUDE, J.)