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Bombay High CourtAPPLN/243/2023application allowed

Bagwan Mohammed Fahim S/O. Mohammed Hussain Bagwan v. The State Of Maharashtra And Another

2023-03-15Hon'Ble Shri Justice Kishore C. Sant2 pages

( 1 ) cria243.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 243 OF 2023 BAGWAN MOHAMMED FAHIM S/O. MOHAMMED HUSSAIN BAGWAN

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER Mr.H.I. Pathan, Advocate for the applicant.

Mr.P.M. Kulkarni, APP for the respondent/State. Mr.N.R. Shaikh, Advocate for respondent No.2.

CORAM

:

KISHORE C. SANT, J.

DATED :

15.03.2023 PC :- 01.

Heard learned Advocate for the parties. This is an application seeking suspension of sentence awarded by the Special Court in a case under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act by judgment and order dated 09.12.2022, wherein maximum sentence awarded is three years and to pay fine of Rs.10,000/-, in default, to suffer rigorous imprisonment for six months. This Court has already suspended the sentence pending service of notice to respondent No.2. Now, respondent No.2 is served and has appeared before this Court.

02.

For the reasons recorded in order dated 25.01.2023, the substantive sentence stands suspended pending the appeal, on executing PR and SB of Rs.15,000/- (Rupees Fifteen Thousand). The applicant shall inform his contact details to the concerned police station as and when there is any change.

( 2 ) cria243.23 03.

The Criminal Application is accordingly allowed and disposed off. [KISHORE C. SANT, J.] snk/2023/MAR23/cria243.23