Abdul Rahiman Jalil Idris And ORS v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 524 OF 2025 ALONGWITH INTERIM APPLICATION NO. 1862 OF 2025 Abdul Rahiman Jalil Idris And Ors.

...Appellants Vs.

The State of Maharashtra

...Respondent

***** Mr. S. P. Shetty i/by Deepti B. Mistry Advocate for the Appellants Mr. C. D. Mali APP for the Respondent-State ***** CORAM :

S. M. MODAK, J.

DATE :

25th JUNE 2025 P. C. :- 1.

Heard learned Advocate for the Appellants. Appellants have been convicted by the Court of City Civil as per judgment dated 13.03.2025 for the offence punishable under Sections 324, 323 read with 34 of the Indian Penal Code. The sentence is as follows:- (i) The sentence is rigorous imprisonment for three years and fine of Rs. 25000/- and in case of default, further sentence 1/3 SEEMA KSHITIJ YELKAR by SEEMA KSHITIJ YELKAR Date: 2025.06.26 12:33:57 +0530

of six months for the offence punishable under Section 324 read with 34 of the Indian Penal Code.

(ii) The sentence is rigorous imprisonment for a period of one year and fine of Rs. 1,000/- and in case of default, further sentence of one month for the offence punishable under Section 323 read with 34 of the Indian Penal Code. The amount of fine is already paid.

2.

They have been acquitted for the offence punishable under Sections 307, 504 and 506 (2) read with 34 of the Indian Penal Code. One of the contention is medical officer is not examined to prove the injury.

3.

Admit 4.

Call record and proceedings.

5.

Learned APP waives notice on behalf of the Respondent-State. INTERIM APPLICATION NO. 1862 OF 2025 6.

After conviction, the substantive sentence is suspended by the trial Court. Appellants assure to co-operate during hearing of the Appeal. Even though they are original resident of the Uttar Pradesh, they are residing for so many years on the address mentioned in the 2/3

Appeal memo. Hence, the following order:-

ORDER

(i) The substantive sentence of the imprisonment is suspended during pendency of the Appeal subject to the following conditions:- (a) Applicants are released on bail on furnishing Personal bond and Surety bond of Rs. 15,000/- (Rupees fifteen thousand) each before the trial Court within four weeks from today. Appellants are permitted to continue surety, which they have given before the trial Court. (b) All of them are directed to give attendance to the Bhandup Police Station on every third Monday of the Month of July and November for a period of two years. 7.

With the above observations, Interim Application is disposed of. [S. M. MODAK, J.] 3/3