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Bombay High CourtAPPLN/974/2023application allowed

Sadik Shaikh Noor Mohammad Shaikh v. The State Of Maharashtra

2023-03-10Hon'Ble Shri Justice R. G. Avachat2 pages

941-APPLN-974-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 974 OF 2023 IN CRIMINAL APPEAL NO. 202 OF 2023 Sadik Shaikh Noor Mohammad Shaikh ..APPLICANT

VERSUS

State of Maharashtra ..RESPONDENT ....

Mr. S.S. Bora, Advocate h/f Mr. S.P. Jogdand, Advocate for applicant Mr. A.S. Shinde, A.P.P. for respondent - State ....

CORAM : R.G. AVACHAT, J.

DATED : 10th MARCH, 2023 PER COURT :

1.

Heard.

2.

Issue notice to the respondent. Learned A.P.P. waives service of notice for the respondent - State.

3.

The applicant has been convicted for offence punishable under Section 353 of the Indian Penal Code and therefore sentenced to suffer simple imprisonment for four years and to pay fine of Rs.2,000/- with default stipulation. During pendency of trial, the applicant was on bail. 1 / 2

941-APPLN-974-23.odt 4.

The fine amount is deposited. Considering it to be a short term sentence and the appeal is not likely to be heard by it's turn in near future, execution of substantive sentence of imprisonment to stand suspended pending the appeal. The applicant be released on his executing P.R. bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand) with surety in the like amount.

5.

Criminal application stands disposed of accordingly. Parties to act upon authenticated copy.

( R.G. AVACHAT, J. ) SSD 2 / 2