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Bombay High CourtAPPLN/2517/2019application allowed

Nisar Hamja Pathan v. The State Of Maharashtra And ANR

2022-02-22Hon'Ble Shri Justice M. G. Sewlikar3 pages

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2517 OF 2019 IN CRIMINAL REVISION APPLICATION NO. 6 OF 2022 Nisar Hamja Pathan Applicant

Versus

The State of Maharashtra & another Respondents Mr. G. J. Kore, Advocate for the applicant.

Mr. V. S. Badakh, APP for respondent/State.

CORAM : M.G. Sewlikar, J.

DATE : 22nd FEBRUARY, 2022.

PER COURT :

1.

Perused the order dated 24th January, 2022, passed by this Court. Heard learned counsel for the applicant. 2.

Applicant is sentenced to suffer simple imprisonment for three months and to pay fne of Rs. 2,88,000/- (Rs. Two Lacs Eighty Eight Thousand) to the complainant-bank within one month. 3.

Applicant has kept a draft ready and he is depositing the amount by tomorrow. In this view of the matter and considering the

- 2 - quantum of sentence and the fact that the revision is not likely to come up for hearing in the near future on account of pandemic due to Covid-19, I am inclined to suspend the substantive sentence. Hence the following order :-

ORDER

i) Application is allowed.

ii) Substantive sentence is suspended till disposal of the revision subject to deposit of the amount of Rs. 2,88,000/- (Rs. Two Lacs Eighty Eight Thousand) within two days.

iii) Applicant be released on PR Bond of Rs. 15,000/- (Rs. Fifteen Thousand) with one solvent surety in the like amount.

iv) Bail before the trial Court.

v) Application stands disposed of.

( M. G. SEWLIKAR ) Judge dyb

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL REVISION APPLICATION NO. 6 OF 2022 Nisar Hamja Pathan Applicant

Versus

The State of Maharashtra & another Respondents Mr. G. J. Kore, Advocate for the applicant.

Mr. V. S. Badakh, APP for respondent/State.

CORAM : M.G. Sewlikar, J.

DATE : 22nd FEBRUARY, 2022.

PER COURT :

Issue notice to respondents returnable on 28th March, 2022. Learned APP waives service of notice on behalf of respondent No. 1. ( M. G. SEWLIKAR ) Judge dyb