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Bombay High CourtAPPA/550/2016allowed

Salim Sheikh Abdul Sheikh And Another v. The State Of Maharashtra, Thr. P.S.O. P.S. Durgapur, Chandrapur

2016-09-27Hon'Ble Shri Justice Sunil B. Shukre2 pages

2709appa550.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO. 550 OF 2016 IN CRIMINAL APPEAL NO. 322 OF 2016 (Salim Sheikh Abdul Sheikh & another Vs. The State of Maharashtra) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri N. A. Gaikwad for the applicants/appellants. Shri S. J. Kadu, A.P.P. for the State.

CORAM : S. B. SHUKRE, J.

DATED : SEPEMBER 27, 2016 Heard.

The appeal is admitted. I have gone through the suicide note, which has been reproduced in the judgment (internal pages47 and 48). I am of the view that this suicide note, which apparently form the basis for holding the appellants guilty of the offence punishable under Section 306 of the Indian Penal Code itself makes out an arguable case for the appellants. Hence, the order.

The application is allowed. Substantive sentences of imprisonments imposed upon both the applicants are hereby suspended until final disposal of the appeal and till that time the applicants/appellants be released on bail on each of them furnishing a P. R. Bond in the sum of Rs.15,000/- together with one solvent surety in the like amount on the condition that the appellants shall pay fine amount, if not paid. JUDGE wwl

2709appa550.16 CERTIFICATE "I certify that this order uploaded is a true and correct copy of original signed order."

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