Fatema Abubakhar Shaikh And Another v. The State Of Maharashtra
2025:BHC-AUG:31919 1 of 3 914.1-APPLN.4124.2025
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4124 OF 2025 IN APEAL/599/2025 1.
FATEMA ABUBAKHAR SHAIKH, 2.
SHAIKH KAMRODDIN SHAIKH BASHIRODDIN.
VERSUS
THE STATE OF MAHARASHTRA ...
Mr. Abhaysinh K. Bhosle, Advocate for Applicants/Appellants; Ms. M. L. Sangit, APP for Respondent-State.
...
CORAM :
NEERAJ P. DHOTE, J.
DATE :
20th NOVEMBER, 2025 P.C.:- 1.
Heard learned Advocate for the Applicants/Appellants and learned APP for Respondent-State.
2.
This is an application for suspension of sentence imposed by the learned Sessions Judge, Aurangabad in Sessions Case No.205 of 2023 by judgment and order dated 14.05.2025 by which the Applicants/Appellants are convicted for the offences punishable under Sections 353, 504 and 506 read with 34 of Indian Penal Code (IPC) and sentence to suffer rigorous imprisonment for one year and one month respectively.
3.
The sentence awarded is a short-term sentence. Learned Trial Court has already suspended the substantive sentence imposed
2 of 3 914.1-APPLN.4124.2025 upon the Applicants/Appellants. The appeal has been recently admitted and there is no likelihood of its early hearing in the near future. Hence, the following order is passed:-
ORDER
(i) The Application is allowed.
(ii) The substantive Sentence imposed by the learned learned Sessions Judge, Aurangabad in Sessions Case No.205 of 2023 vide Judgment and order dated 14.05.2025 on the Applicants/Appellants, by name, (1) Fatema Abubakhar Shaikh and (2) Shaikh Kamroddin Shaikh Bashiroddin, for the offence punishable under Sections 353, 504 and 506 read with 34 of IPC, is hereby suspended during pendency of the Appeal. (iii) Applicants/Appellants, namely, Fatema Abubakhar Shaikh and Shaikh Kamroddin Shaikh Bashiroddin be released on bail on furnishing P. R. Bond of Rs.15,000/- (Rupees Fifteen Thousand Only) each, with one surety in the like amount.
(iv) The Applicants-Appellants shall co-operate in early hearing of the Appeal.
3 of 3 914.1-APPLN.4124.2025 (v) Bail before the Trial Court.
(vii) Application stands disposed off accordingly. (NEERAJ P. DHOTE, J.) Tauseef