← Library
Bombay High CourtAPPLN/1330/2016application allowed

Shaikh Ayuniddin S/O Shaikh Karimoddin v. The State Of Maharashtra

2016-03-01Hon'Ble Shri Justice M.T. Joshi4 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1330 OF 2016 IN CRIMINAL APPEAL NO.112 OF 2016 Shaikh Ayuniddin s/o. Shaikh Karimoddin ..Applicant

Versus

The State of Maharashtra ..Respondent -- Mr.S.J.Salunke, advocate for applicant Mr.N.T.Bhagat, APP for respondent - State -- CORAM : M.T. JOSHI, J.

DATE : MARCH 01, 2016 PER COURT :

Heard.

2] Issue notice to the respondent - State. Learned A.P.P. waives notice.

3] By this application, the applicant/appellant - original accused is praying for suspension of the substantive sentence awarded by learned Special

Judge, Majalgaon in Special (NDPS) Case No.03 of 2012 for the offence punishable under Section 8(b) read with 18(a) of the Narcotic Drugs and Psychotropic Act directing him to suffer rigorous imprisonment for six months and to pay fine of Rs.10,000/-.

4] Learned Counsel for the applicant submits that the fine amount has already been deposited by the applicant.

5] Considering the fact that a short term sentence is awarded against the present applicant and that the same was suspended by learned Special Judge during trial, the substantive sentence of the present applicant, is hereby suspended, during pendency of the appeal.

5] The applicant/appellant be released on bail upon his executing P.R. bond in the sum of

Rs.20,000/- (Rs.Twenty Thousand) and also upon furnishing surety in the like amount, during pendency of the appeal. Humdast allowed.

6] The application is allowed and disposed of accordingly.

[M.T. JOSHI, J.] kbp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPEAL NO.112 OF 2016 Shaikh Ayuniddin s/o. Shaikh Karimoddin ..Appellant

Versus

The State of Maharashtra ..Respondent -- Mr.S.J.Salunke, advocate for appellant Mr.N.T.Bhagat, APP for respondent - State -- CORAM : M.T. JOSHI, J.

DATE : JANUARY 28, 2016 PER COURT :

Heard.

2] Admit.

Learned A.P.P. waives notice for respondent - State.

3] Printing of the paper book is dispensed with. suspension of sentence.

[M.T. JOSHI, J.] kbp