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Bombay High CourtAPPLN/1427/2021application allowed

Muktar Rajjak Shaikh v. The State Of Maharashtra

2022-01-31Hon'Ble Shri Justice R. G. Avachat2 pages

16-APPLN-1427-21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1427 OF 2021 IN CRIMINAL APPEAL NO. 337 OF 2021 Muktar Rajjak Shaikh ..APPLICANT

VERSUS

State of Maharashtra ..RESPONDENT ....

Mr. N.B. Patekar, Advocate for applicant Mr. S.P. Sonpawale, A.P.P. for respondent - State ....

CORAM : R.G. AVACHAT, J.

DATED : 31st JANUARY, 2022 PER COURT :

1.

Heard.

2.

The applicant has been behind the bars close to four years. At the material time, he was twenty five years of age and the victim was sixteen plus. It appears that it was a case of emotional involvement. Considering the fact that he has been behind the bars close to four years and the appeal is not likely to come up for final hearing in near future, this Court is inclined to allow this application in terms of following order :-

ORDER

(i) Criminal application is allowed.

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16-APPLN-1427-21.odt (ii) The execution of substantive sentence of imprisonment of the applicant is 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 one surety in the like amount. ( R.G. AVACHAT, J. ) SSD 2 / 2