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Bombay High CourtAPPA/59/2025allowed

Shaikh Mustaq Shaikh Rafique v. State Of Maharashtra Through P S O Malegaon

2025-01-23Hon'Ble Shri Justice G. A. Sanap2 pages

-1- 11.APPEAL.03.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPEAL NO. 03 OF 2025 Shaikh Mustaq Shaikh Rafique Vs.

The State of Maharashtra, through PSO, PS Malegaon, Dist. Washim & Anr. ********************************************************************************************** Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ********************************************************************************************** Mr. M.R. Deshmukh, Advocate for the Appellant. Mr. N.R. Rode, APP for Respondent No.1/State. CORAM : G. A. SANAP, J.

DATED : 23 rd JANUARY, 2025.

.

Heard.

2.

ADMIT.

3.

Issue notice to the respondents.

4.

Learned APP waives service of notice on behalf of respondent No.1.

5.

Notice to respondent No.2 returnable within four weeks.

6.

In-charge of the concerned police station shall ensure the service of notice to respondent No.2. 7.

Call for the record and proceedings.

CRIMINAL APPLICATION (APPA) NO.59 OF 2025 8.

Heard.

9.

Considering the quantum of substantive sentence, the learned Sessions Judge, Washim, has suspended the substantive sentence. The appellant/accused has deposited the fine amount.

-2- 11.APPEAL.03.2025.odt 10.

In view of the facts stated in the application, the application is allowed.

11.

The substantive sentence, awarded on all counts by the learned Sessions Judge, Washim, shall remain suspended during the pendency of the appeal.

12.

The appellant/accused - Shaikh Mustaq Shaikh be released on bail on his furnishing P.R. bond in the sum of Rs.25,000/- (Rs. Twenty Five Thousand) with one surety in the like amount.

13.

The application stands disposed of accordingly. (G. A. SANAP, J.) Vijay Signed by: Mr. Vijay Kumar Designation: PA To Honourable Judge Date: 23/01/2025 16:29:18