← Library
Bombay High CourtIA/3243/2024allowed

Firoz Abdul Sakur Khan v. The State Of Maharashtra

2024-10-16Hon'Ble Justice Revati Mohite Dere , Hon'Ble Shri Justice Prithviraj K. Chavan3 pages

NISHA SANDEEP CHITNIS NISHA SANDEEP CHITNIS Date: 2024.10.18 13:34:01 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.3243 OF 2024 IN CRIMINAL APPEAL NO.163 OF 2020 Firoz Abdul Sakur Khan ...Applicant

Versus

State of Maharashtra

...Respondents

Mr. Mohammed Ahmed Shaikh, for the Applicant. Mr. V. B. Konde-Deshmukh, Addl.P.P. for the Respondent-State. Mr. Akash Varma i/b Mr. Vinit Jain, for the Original Complainant. CORAM : REVATI MOHITE DERE & PRITHVIRAJ K. CHAVAN, JJ.

DATE : 16th OCTOBER 2024 P.C. :

1.

A praecipe has been filed by the learned counsel for the applicant for speaking to the minutes of the order dated 7th October 2024.

2.

Learned counsel for the applicant states that inadvertently the details of the Judgment and Order/Court have not been mentioned in the order dated 7th October 2024, as a result of which the applicant 1/3

could not avail of the bail.

3.

Accordingly, the words 'vide Judgment and Order dated 29th March 2019, passed by learned Additional Sessions Judge, Palghar, in Sessions Case No.39 of 2015' be added at the end of 4th line of para 4 of the aforesaid order. Para 4 shall now read as under:- 4.

The applicant alongwith another co-accused has been convicted for the offence punishable under Sections 302 r/w 34 of the IPC and is sentenced to suffer imprisonment for life and to pay fine of Rs.5,000/-, in default to suffer RI for six months vide Judgment and Order dated 29th March 2019, passed by learned Additional Sessions Judge, Palghar, in Sessions Case No.39 of 2015. The applicant, in addition to the aforesaid offence, has also been convicted for the offence punishable under Section 394 r/w 34 of the IPC and is sentenced to suffer rigorous imprisonment for 10 years and to pay a fine of Rs.5,000/-, in default to suffer RI for six months.

4.

The order dated 7th October 2024, shall stand corrected as above. Rest of the order to remain as it is. 2/3

5.

The praecipe dated 15th October 2024, stands disposed of accordingly.

All concerned to act on the authenticated copy of this order.

PRITHVIRAJ K. CHAVAN, J.

REVATI MOHITE DERE, J.

3/3