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Bombay High CourtAPPLN/2916/2023application allowed

Kureshi Jakir Khan Yasin Khan v. The State Of Maharashtra

2023-08-11Hon'Ble Shri Justice R. M. Joshi2 pages

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 997 CRIMINAL APPLICATION NO.2916 OF 2023 IN CRIMINAL APPEAL NO.711 OF 2023 KURESHI JAKIR KHAN YASIN KHAN

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Harshal Prakash Randhir APP for Respondent - State : Mr. S.N. Morampalle ...

CORAM : R. M. JOSHI, J.

DATE : AUGUST 11, 2023 PER COURT :

.

Applicant was convicted with short term sentence of one year rigorous imprisonment with fine of Rs.10,000/- for the offence punishable under Section 135 of the Electricity Act, 2003. 2.

Learned counsel for the applicant states that fine amount is deposited. According to him, if the applicant is called upon to undergo sentence, then the appeal shall become infructuous. 3.

Having regard to the pendency of the matters in this Court, there is no possibility to decide the present appeal in near 1/2

future. Hence, following order:

ORDER

(i) Application is allowed.

(ii) The substantive sentence imposed upon the applicant by the Judgment and order dated 19.07.2023 in Spl. Case (Elect.) No.9 of 2021 passed by Special Judge & Additional Sessions Judge, Jalgaon shall stand suspended till decision of the Criminal Appeal. (iii) Applicant to furnish PR Bond of Rs.15,000/- (Rs. Fifteen Thousand Only) with one solvent surety in the like amount. (iv) Bail before the Trial Court.

[ R. M. JOSHI ] JUDGE GGP 2/2