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Bombay High CourtAPPLN/38/2019application allowed

Sayyad Afaroz Sayyad Jaker v. The State Of Maharashtra And ANR

2023-03-21Hon'Ble Shri Justice R. G. Avachat2 pages

Cri.Appln.No.38/2019 :: 1 ::

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.38 OF 2019 IN CRIMINAL APPEAL NO.8 OF 2019 Sayyad Afaroz Sayyad Jaker ... APPLICANT

VERSUS

The State of Maharashtra ... RESPONDENT .......

Mr. S.S. Gangakhedkar, Advocate for applicant Mr. N.T. Bhagat, A.P.P. for respondent .......

CORAM : R.G. AVACHAT, J.

DATE : 21st MARCH, 2023 P.C. :

Heard. The learned A.P.P. has strong reservations to grant the application. The applicant was in jail for some days pending investigation. Presently the applicant is behind the bars for little over 15 days. Considering it being a short term sentence and the appeal is not likely to come up for hearing by its turn in near future, the Court is inclined to allow the application. Hence the order :

O R D E R

(i) The application is allowed.

Cri.Appln.No.38/2019 :: 2 ::

(ii) Pending the appeal, the execution of substantive sentence of imprisonment imposed upon the applicant by learned Additional Sessions Judge-4, Nanded by judgment and order dated 11/12/2018 in Special Case (POCSO) No.29/2017 to stand suspended and the applicant be released on bail on his executing P.R. bond in the sum of Rs.15,000/- (Rupees ffteen thousand) with one surety in the like amount. (R.G. AVACHAT, J.) fmp/-