Sajid Mohamed Shafi Mujawar v. State Of Maharashtra

14 IA.136.2022.doc Digitally signed by RUSHIKESH V PATIL Date:

2022.01.17 18:43:37 +0500 RUSHIKESH V PATIL

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 136 OF 2022 IN CRIMINAL REVISION APPLICATION NO. 47 OF 2022 Sajid Mohamed Shaf MMjawar ...Applicant

Versus

State of Maharashtra

...Respondent

......

Mr. Laxman Kalel i/b Mr. RahMl Shirgavkar for the Applicant. Mrs. Anamika Malhotra, APP for the Respondent-State. ......

CORAM :

N. R. BORKAR, J.

DATE : 17th JANUARY, 2022.

P.C.

:

.

This is an application for sMspension of sentence and to release the Applicant on bail.

2.

The Applicant came to be convicted for the ofence pMnishable Mnder Section 304- A of Indian Penal Code and sentenced to sMfer SI for two years. The Applicant fMrther came to be convicted for the ofence pMnishable Mnder Section 427 of the Indian Penal Code and sentence to sMfer SI for two years. Both the sentences are directed to rMn concMrrently.

3.

I have already admitted the Revision Application fled by the R. V. Patil

14 IA.136.2022.doc present Applicant against the jMdgment and order passed by the trial CoMrt and the Appellate CoMrt. The Applicant was on bail dMring the trial and dMring the pendency of the appeal. The Applicant is in jail after dismissal of the appeal.

4.

Considering the above facts and circMmstances and natMre of the ofence, I am inclined to sMspend the sentence. In view thereof, following order is passed.

ORDER

i) Application is allowed.

ii) The sMbstantive sentence imposed by the trial CoMrt is hereby sMspended.

iii) The Applicant shall be released on bail on fMrnishing PR bond in the sMm of Rs.25,000/- with one sMrety in the like amoMnt, sMbject to deposit amoMnt of compensation of Rs.50,000/- (Rs. Fifty ThoMsand only), within a period of two months from the date of release of the Applicant from jail.

iv) The trial CoMrt shall pay the said amoMnt of compensation to the legal heirs of the deceased.

v) Bail before the trial CoMrt.

vi) Application is disposed of.

(N. R. BORKAR, J.) R. V. Patil