← Library
Bombay High CourtAPPLN/2256/2017application allowed

Sayed Abdul Quadar Sayed Janullah. v. The State Of Maharashtra.

2024-05-08Hon'Ble Shri Justice Sanjay A. Deshmukh3 pages

2024:BHC-AUG:10278 (1) THIS ORDER IS CORRECTED AND UPLOADED IN VIEW OF THE ORDER DATED 10-05-2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 904 CRIMINAL APPLICATION NO.2256 OF 2017 IN CRIMINAL REVISION APPLICATION NO. 113 OF 2017 SAYED ABDUL QUADAR SAYED JANULLAH.

....Applicant

VERSUS

THE STATE OF MAHARASHTRA.

.....Respondent Mr. U. S. Mote, Advocate for the applicant Mr. Rajdeep D. Raut, APP for the respondent/State CORAM :

SANJAY A. DESHMUKH, J.

DATE :

08th MAY, 2024 P. C.

1.

Issue notice to the respondents.

2.

Learned APP waives service of notice for the respondents/State.

3.

This is an application for suspension of substantive sentence and granting of bail. The applicant is directed to suffer

(2) two years rigorous imprisonment and to pay fine of Rs.2000/- for the offences punishable under Section 33 of the Maharashtra Medical Practitioner Act. The learned advocate for the applicant submitted that the fine amount is already deposited. The applicant has roots in the society. He therefore, prayed for suspension of sentence.

4.

The impugned judgment and documents are placed on record. Considering the peculiar set of facts the applicant is entitled to suspend the sentence till the conclusion of the appeal on certain condition. Therefore, the applicant is entitled for bail. Hence, the following order:-

ORDER

a] The application stands allowed.

b] The sentence awarded to the applicant is suspended till the conclusion of the revision application.

(3) c] Meanwhile, the applicant be released on bail on furnishing PR bond of Rs.15,000/- [Rupees Fifteen Thousand Only] in the like amount with one surety.

d] Bail be furnished before the trial court.

5.

Concerned to act upon authenticated copy of this order.

[SANJAY A. DESHMUKH, J.] VishalK/904criapln2256-2