Iliyas Khan Asgar Khan v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 329 OF 2022 IN CRIMINAL REVISION APPLICATION NO. 34 OF 2022 Iliyas Khan s/o Asgar Khan Applicant

Versus

The State of Maharashtra Respondent Mr. S.J. Salunke, Advocate for the applicant. Mrs. R.P. Gour, APP for respondent/State.

CORAM : M.G. Sewlikar, J.

DATE : 11th FEBRUARY, 2022.

PER COURT :

1.

Heard Shri Salunke, learned counsel for the applicant. He submits that the applicant was on bail during the trial. He was on bail during the pendency of appeal also. He submits that a false complaint has been fled against the applicant as there were many transactions between the applicant and the husband of the informant. On this count, applicant has been falsely implicated in this offence.

2.

Applicant has been sentenced to suffer Rigorous

- 2 - criappln329.22.odt Imprisonment for six months with fne of Rs. 5,000/-, in default to suffer Rigorous Imprisonment for three months for offence punishable under Section 354 of the Indian Penal Code. This order has been confrmed in the appeal. Considering the quantum of sentence and the fact that owing to pandemic situation created due to Covid-19, the revision is not likely to be heard in near future, following order is passed :-

ORDER

i) Application is allowed.

ii) Substantive sentence is suspended till disposal of the revision.

iii) Applicant be released on PR Bond of Rs. 15,000/- (Rs. Fifteen Thousand) with one solvent surety in the like amount.

iv) Bail before the Trial Court.

v) Application stands disposed of.

( M. G. SEWLIKAR ) Judge dyb