Imran Ayyaz Shaikh v. The State Of Maharashtra

20-Cri.Appeal.No.295.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPEAL NO.295 OF 2022 Imran Ayyaz Shaikh ..Appellant Vs.

The State of Maharashtra ..Respondent ---- Mr.Sk. Mazhar A. Jahagirdar, Advocate for appellant Mrs.G.L.Deshpande, APP for respondent ---- CORAM : R.G. AVACHAT, J.

DATE : APRIL 13, 2022 ORDER :- Heard.

2.

Admit. Learned APP waives notice for the respondent. 3.

Call Record and Proceedings.

[R.G. AVACHAT, J.] KBP

20-Cri.Appeal.No.295.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1367 OF 2022 IN CRIMINAL APPEAL NO.295 OF 2022 Imran Ayyaz Shaikh ..Applicant Vs.

The State of Maharashtra ..Respondent ---- Mr.Sk. Mazhar A. Jahagirdar, Advocate for applicant Mrs.G.L.Deshpande, APP for respondent ---- CORAM : R.G. AVACHAT, J.

DATE : APRIL 13, 2022 ORDER :- Heard.

2.

The applicant/appellant herein has been convicted for the offence punishable under Section 307 of Indian Penal Code and Section 4 punishable under Sections 25(1B) and (b) of the Arms Act and sentenced to undergo rigorous imprisonment for seven years and one year, respectively.

3.

The appellant was undertrial prisoner. He has been behind the bars for little over four years as against the sentence of seven years. The appeal is not likely to come up for hearing in the immediate future.

20-Cri.Appeal.No.295.2022 4.

In view of the above, the application is allowed in terms of the following order:- (i) During pendency of the appeal, the substantive sentence of imprisonment to stand suspended.

(ii) The applicant be released on executing P.R. Bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand) with one surety in the like amount, on condition that the applicant/appellant shall attend the concerned police station twice in every month i.e. on 2nd and 4th Sunday, between 12.00 noon and 01:00 p.m., for the next two years.

[R.G. AVACHAT, J.] KBP