Shafikul @ Haq Lukman Shaikh v. The State Of Maharashtra

7 (ii) ia 1136-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1136 OF 2019 IN APPEAL NO. 1521 OF 2019 Shafikul @ Haq Lukman Shaikh ..Applicant v/s.

The State of Maharashtra ..Respondent/s Mr. Neville Debou for the Applicant.

Mr. S.V.Gavand, APP for the Respondent-State. CORAM : ANUJA PRABHUDESSAI, J.

DATED : 26th AUGUST, 2021.

P.C.

1.

The Applicant has been convicted for offence under Section 489(C) of Indian Penal Code and sentenced to undergo rigorous imprisonment for 3 years with fine of Rs.5000/- i.d. to undergo simple imprisonment for 3 months.

2.

Learned Counsel for the Applicant states that the fine amount has already been deposited before this Court. The Applicant has been sentenced to undergo short term imprisonment. Considering the large pendency of cases, as well as Salgaonkar

7 (ii) ia 1136-19.doc the present situation arising from COVID 19, it will not be possible to take up the matter for hearing in immediate future. 3.

Considering the above facts, as also considering the nature of the allegations leveled against the Applicant, the execution of sentence is suspended pending the disposal of the appeal on merits. Hence the order:

(i) The application is allowed.

(ii) The execution of sentence imposed by the learned Session Judge, Gr. Mumbai, in Sessions Case No.500 of 2018 vide judgment dated 07.10.2019, is suspended till disposal of the appeal on merits, on the applicant furnishing Bail Bond in the sum of Rs.15000/- (Rupees Fifteen Thousand Only) with one or two solvent sureties in the like amount; (iii) The applicant shall keep the trial Court informed of his current address and mobile/contact numbers and/or change of residence or mobile details, if any, from time to time. .

Application is accordingly disposed of.

by PRASANNA P SALGAONKAR Date:

2021.08.27 17:45:27 +0530 PRASANNA P SALGAONKAR (ANUJA PRABHUDESSAI, J.) Salgaonkar