Yunus Sheikh S/O. Yusuf Sheikh (In Jail) v. State Of Maharashtra Thr. P.S.O. Hudkeshwar Nagpur

appa389.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION NO. 389/2017 Yunus Sheikh s/o Yusuf Sheikh ..vs.. State of Maharashtra thr. PSO Hudkeshwar, Nagpur _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. N. R. Rode, A.P.P. for non applicant-State. CORAM : V.M. DESHPANDE, J.

DATED :

JUNE 23, 2017 This is an application for suspension of jail sentence. The learned counsel for the applicant is absent even on the second call.

The present applicant was convicted by the learned Additional Sessions Judge, Nagpur in Sessions Trial No.419/2016 for the offence punishable under Section 436 and 506-B of the IPC and he was directed to suffer rigorous imprisonment for three years and to pay a fine of Rs.1,000/- This Court has admitted the present appeal on 09.05.2017 and on the said day itself this Court issued notices to the non applicant and looking to the short period of sentence, by way of ad interim order, the order of imposing the sentence was suspended and it was ordered that the applicant be released on bail. Looking to the fact that the sentence is a fixed period of three years, this Court has already released the applicant on bail by suspending the substantive jail

appa389.17.odt sentence. Hence, the present application is allowed. The substantive jail sentence imposed upon the applicant shall remain suspended during the pendency of the present appeal. The order dated 09.05.2017 stands confirmed.

JUDGE kahale