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Bombay High CourtAPPLN/1719/2016application allowed

Md. Sayeed Ansari S/O. Md. Ishaq Ansari And Others v. The State Of Maharashtra And ANR

2016-04-05Hon'Ble Shri Justice Nitin W. Sambre2 pages

criap1719.16 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1719 OF 2016 IN CRIMINAL REVISION APPLICATION NO. 62 OF 2016 1.

Md. Sayeed Ansari S/o Md. Ishaq Ansari 2.

Md. Isaq Ansari S/o Abdul Sattar Ansari 3.

Saleem Ansari S/o Isaq Ansari 4.

Md. Siddiq S/o Md. Isaq Ansari 5.

Md. Akheel @ Nadeem S/o Md. Moosa Ansari 6.

Moin Ansari S/o Jainoddin Ansari ..APPLICANTS

VERSUS

1.

The State of Maharashtra, Through P.I. Pathri Police Station, Parbhani 2.

Tabrez Bin Hasan ..RESPONDENTS Mr Khizer Patel, Advocate for applicants;

Ms R. P. Gaur, Addl. Public Prosecutor for respondent No. 1; Mr Saud A. N. Deshmukh, Advocate for respondent No. 2 CORAM : N.W. SAMBRE, J.

DATE : 5th April, 2016 ORAL ORDER :

The learned revisional Court set aside the conviction of the present applicants for the offence punishable under Sections 323, 504, 506 read with Section 149 of the Indian Penal Code, however, maintained the conviction under Sections 307, 147, 148 and 427 read with Section 149 of

criap1719.16 (2) the Indian Penal Code for a period of 7 years, as was imposed by the learned Assistant Sessions Judge, Parbani.

2.

It is an admitted position that the applicants were on bail during the trial so also in appeal, on the terms that during the bail period they will not indulge in any crime.

3.

The applicants claimed that they have not misused the liberty and they have paid fine amount. In view there of the applicants be released on bail on same terms as was imposed by the learned Court below while granting bail.

4.

Criminal Application stands allowed in above terms. (N.W. SAMBRE, J.) sjk