Talib Malik Shaikh And ORS v. State Of Maharashtra

3-APEAL-1158-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION INTERIM APPLICATION NO. 4493 OF 2024 IN CRIMINAL APPEAL NO. 1158 OF 2024 Talib Malik Shaikh And Ors .... Applicant

Versus

State of Maharashtra .... Respondent ----- Mr. Mateen Shaikh a/w Mr. Nadeem Shaikh, Ms. Muskan Shaikh, Mr. Ansar Tamboli and Mr. Parvez Inamdaar, for the Applicant. Mr. Swapnil Walve, APP, for the Respondent - State. by SHANTANU SHANKARSA DHUDUM Date:

2024.11.14 18:58:14 +0530 CORAM : SHIVKUMAR DIGE, J.

SHANTANU SHANKARSA DHUDUM DATE : 13th NOVEMBER, 2024.

P.C. :

1.

Heard learned counsel for the Applicant and learned APP. 2.

Learned counsel for the Applicant submits that Applicant has been convicted under Sections, 147, 143, 148, 149, 353, 323, 332, and 427 read with Section 34 of the Indian Penal Code, 1860 (for short "IPC") and under Sections 37(3), 135 of the Maharashtra Shantanu Dhudum 1/2

3-APEAL-1158-2024.doc Police Act and under Sections 3, 4 of the Maharashtra Medicare Services Institution (Prevention of Violence and Damages or Loss of Property ordinance), 2009 and sentenced to suffer for Rigorous Imprisonment for two years and the amount of fine is paid by the Applicant.

3.

Learned counsel further submitted that the trial Court has suspended the sentence of the Applicant till 23rd October, 2024 hence, requested to suspend the sentence.

4.

It is contention of learned APP, the appropriate order be passed.

5.

I have heard both learned counsel, during the trial Applicant was on bail, he has not misused liberty. The sentence imposed on the applicant is short term sentence. 6.

Considering this facts, I pass following order:

ORDER

i. The sentence imposed on the Applicant is suspended till final disposal of the appeal.

7.

In view of above, the application stands disposed of. ( SHIVKUMAR DIGE, J.) Shantanu Dhudum 2/2