Saddam Ayub Pathan v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 6 CRIMINAL APPLICATION NO.1679 OF 2022 IN APEAL/373/2022 WITH APEAL/373/2022 WITH APEAL/483/2022 SADDAM AYUB PATHAN

VERSUS

THE STATE OF MAHARASHTRA Mr. S. S. Thombre, Advocate h/f Mr. C. C. Deshpande, Advocate for the applicant Mr. P. G. Borade, APP for the respondent/State CORAM : R. G. AVACHAT & R. M. JOSHI, JJ.

DATED : 14th NOVEMBER, 2022 PER COURT :- 1.

Heard learned counsels for both sides.

2.

The applicant is undergoing imprisonment for short term sentence. There is no likelihood of taking this appeal for final hearing in near future. In the facts and circumstances of the case, there is no reason to deny suspension of substantive sentence. In the result substantive sentence imposed upon applicant by impugned judgment deserves to be suspended, pending appeal. Hence the order.

cra1679.22.odt

ORDER

(i) Criminal Application is allowed.

(ii) Pending the appeal, the substantive sentence of imprisonment imposed by the trial Court is suspended. The applicant be released on bail on his executing P.R. bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand) with one surety in the like amount.

(iii) Bail before the trial Court.

(R. M. JOSHI, J.) (R. G. AVACHAT, J.) ssp cra1679.22.odt