Shaikh Irshad Shaikh Ibrahim v. The State Of Maharashtra

2025:BHC-AUG:19169 2525.25APPLN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 901 CRIMINAL APPLICATION NO. 2525 OF 2025 IN CRIMINAL APPEAL NO. 730 OF 2023 SHAIKH IRSHAD SHAIKH IBRAHIM

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr.S.N.Deshmukh h/f. Adv.Mohsin Khan APP for Respondent-State : Mr.V.M.Jaware ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 23.07.2025 P.C. :

1] The present application has been filed by the applicant for suspension of substantive sentence imposed on the applicant in Sessions Case No.83/2013, by order dated 31.10.2022, by learned Additional Sessions Judge, Aurangabad. The applicant has been convicted thus: The applicant is convicted for the offence punishable under Section 307 r/w. 34 of the IPC and sentenced to suffer R.I. for the period of 10 years and to pay fine of Rs.10,000/- in default of payment of fine, the applicant shall further undergo imprisonment for one year.

2525.25APPLN The applicant is further convicted for the offence punishable under Section 323 r/w. 34 of the IPC and sentenced to suffer R.I. for the period of 1 year. 2] The learned counsel for the applicant submits that the applicant is arrested on 2nd October, 2012 and the applicant has already served this sentence.

3] Considering the submissions of the applicant, I pass the following order :

ORDER

i] Criminal Application is allowed.

ii] The substantive sentence imposed on the applicant in Sessions Case No.83/2013, by order dated 31.10.2022, by learned Additional Sessions Judge, Aurangabad, stands suspended till the final hearing and disposal of Criminal Appeal.

iii] The applicant be released on bail, on furnishing P.R.bond of Rs.20,000/-, with two sureties in the like amount. Bail before the trial Court.

iv] Criminal Application is disposed of accordingly. [ARUN R. PEDNEKER] JUDGE DDC