Shakil Shaha Mustafa Shaha And ANR v. State Of Maharashtra And ANR

902-APEAL-1232-24 WITH IA-4781-24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.4781 OF 2024 IN CRIMINAL APPEAL NO.1232 OF 2024 Shakil Shaha Mustafa Shaha & Anr.

.... Applicants V/s.

State of Maharashtra & Anr.

.... Respondents ---- Mr.Mahendra N. Sandhyanshiv, for the Appellants/Applicants. Mr.Shrikant Yadav, APP, for Respondent-State. by NILAM SANTOSH KAMBLE Date:

2024.12.09 16:38:15 +0530 NILAM SANTOSH KAMBLE ---- CORAM : SHIVKUMAR DIGE, J.

DATE : 21st NOVEMBER 2024 P.C:- INTERIM APPLICATION NO.4781 OF 2024 .

Heard learned counsel for the Applicants/Appellants and learned APP for the Respondent-State.

2.

The learned counsel for the Applicants/Appellants submits that, the Applicants have convicted under Section 12 of the Protection of Children From Sexual Offences Act, 2012 ('POCSO' for short) and sentences to suffer three years rigorous imprisonment and find of Rs.5,000/- in default to suffer further N.S. Kamble page 1 of 2

902-APEAL-1232-24 WITH IA-4781-24.doc rigorous imprisonment for three months each.

3.

The learned Trial Court has suspended the sentence for the Appeal period. The Appeal period expired on 24th November 2024, hence, requested for continuation of the said order.

4.

The learned APP submits that appropriate order be passed.

5.

Considering the submission of both learned counsel as well as sentence imposed on the Applicants is short term sentence. During trial Applicants was on bail. They have not misused the liberty. Considering these facts, the sentence is suspended till final disposal of the Appeal.

6.

The Application is disposed of.

CRIMINAL APPEAL NO.1232 OF 2024 7.

Issue notice to the Respondents, returnable on 20th December 2024.

(SHIVKUMAR DIGE, J.) N.S. Kamble page 2 of 2