Faridali Hasamatali Sayyed v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1542 OF 2016 IN CRIMINAL APPEAL NO.798 OF 2016 FARIDALI HASAMATALI SAYYED )...APPLICANT V/s.

THE STATE OF MAHARASHTRA )...RESPONDENT Mr.R.S.Bidkar, Advocate for the Applicant.

Ms.A.A.Takalkar, APP for the Respondent - State.

CORAM

:

A. M. BADAR, J.

DATE :

4th JANUARY 2017.

P.C. :

This is an application for suspension of sentence and releasing the applicant / accused on bail during pendency of appeal.

The applicant / accused is convicted of the offence punishable under Section 25 of the Arms Act and is sentenced to suffer rigorous imprisonment for 1 year and to pay a fine of avk 1/3

Rs.2,000/-, in default, to undergo further simple imprisonment for 15 days, by the learned Additional Sessions Judge, Thane, in N.D.P.S. Case No.10 of 2012, decided on 25th October 2016. The learned counsel appearing for the applicant / accused argued that considering short sentence imposed upon the applicant / accused, his liberty needs to be secured during pendency of the appeal. The learned APP opposed the application by contending that the applicant / accused is rightly convicted by the learned trial court.

Considering the quantum of sentence imposed upon the applicant / accused, it is not proper to reject the relief asked for by the applicant / accused. In this view of the matter, the application is allowed. Hence the order :

i) The application is allowed.

ii) Substantive sentence of imprisonment imposed upon the applicant / accused is suspended during pendency of the appeal and the applicant / accused is directed to avk 2/3

be released on bail on executing P.R.Bond in the sum of Rs.15,000/- and on furnishing sureties in like amount.

iii)As a condition of this order, the applicant / accused shall not indulge in commission of any offence in future.

(A. M. BADAR, J.) avk 3/3