Sheih Imran Sheikh Manan v. The State Of Maharashtra, Pso,Ps, Nagpurigate, Amravati.

1 appa330.21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION [APPA] NO.330 OF 2021 [Sheikh Imran Sheikh Manan .vs. The State of Maharashtra] ------------------------------------------------------------------------------------------------------------------------------------------------------------ Office Nototes꣠ Office Memoranda of Coram꣠ Court's or Judge's orders appearances꣠ Court's orders of directions and Registrar's orders ----------------------------------------------------------------------------------------------------------------------------------------------------------- Shri U.K. Bisen꣠ Advocate for the applicant꣠ Ms S.S. Jachak꣠ APP for the respondent.

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CORAM : N.B. SURYAWANSHI, J.

DATED : JUNE 10, 2021.

Hearing was conducted through Video Conferencing and the learned counsel agreed that the audio and visual quality was proper.

The learned Advocate for the applicant to remove the office objections within a period of two weeks from today.

Issue notice to the respondent.

Learned APP waives service for the respondent.

For the reasons stated in the application꣠ the application is allowed. The delay of 30 days in fling an appeal is hereby condoned.

Criminal Application is disposed of.

2 appa330.21 Criminal Appeal No. of 2021 Heard.

Admit.

Call for record and proceedings.

Learned APP waives service for the respondent.

Criminal Application No. of 2021 This application is fled seeking suspension of substantive sentence of imprisonment. The applicant is convicted by the learned Additional Sessions Judge꣠ Amravati in Special (NotDPS) Case Noto.263/2016 and is sentenced to sufer R.I. for one year and to pay a fne of Rs.10꣠000/-꣠ in default꣠ to sufer S.I. for six months.

During trial the applicant was on bail and he has not misused the facility of bail.

After conviction꣠ the learned trial Court has suspended the substantive sentence of imprisonment of the applicant and has released him on bail. The applicant has deposited the fne amount. Considering these facts and the fact that the appeal is not

3 appa330.21 likely to be taken up for fnal hearing in the near future꣠ the application deserves to be allowed and the same is hereby allowed.

The substantive sentence of imprisonment of the applicant imposed by the learned Additional Sessions Judge꣠ Amravati in Special (NotDPS) Case Noto.263/2016 is hereby suspended on the same terms and conditions as are imposed by the learned trial Court.

Criminal Application is disposed of.

JUDGE Gulande