Irfan Jalalkhan Aalmel v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.2498 OF 2025 IN CRIMINAL REVISION APPLICATION NO.288 OF 2025 Irfan Jalalkhan Aalmel & Ors.

...Applicants

Versus

The State of Maharashtra & Anr.

...Respondents

Mr. Karma Vivan a/w. Mr. Tejas Kothalikar, Mr. Neel Parlikar and Ms. Isha Singh, for the Applicants.

Mr. B. B. Kulkarni, APP, for the Respondent No.1-State. Mr. S. M. Ghogre, PSI, Talegaon Dabhade Police Station, present.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

10th JULY 2025 PC:- 1.

This Interim Application is taken out for suspension of sentence and bail during the pendency of the Revision Application. 2.

At the outset, Mr. Vivan, learned Counsel appearing for the Applicants states that he has instructions to withdraw the Interim Application, as far as the Applicant No.1 -Irfan Jalalkhan Aalmel. He states that the Applicant No.1-Irfan Jalalkhan Aalmel be granted leave to file a fresh Bail Application. Accordingly, leave is granted.

3.

It is clarified that this Court has not considered the Interim Application as regards the Applicant No.1-Irfan Jalalkhan Aalmel on merits and all contentions on merits are expressly kept open. 4.

By separate order dated 10th July 2025, the Criminal Revision Application has been admitted.

5.

The Applicant Nos.2 and 3 i.e. original accused Nos.3 and 4 have been convicted for the offence punishable under Section 498A of the Indian Penal Code, 1860 for term of two years and further to pay fine of Rs.5,000/- each, and in default of the payment of fine, accused shall suffer imprisonment for a term of three months.

6.

By separate order dated 10th July 2025, the Criminal Revision Application has been admitted. It will take time to hear the Criminal Revision Application. The Applicant Nos.2 and 3 are ladies. The Applicant No.2 is a senior citizen. Accordingly, case is made out for suspension of sentence and grant of bail during the pendency of the Criminal Revision Application.

7.

Learned Counsel appearing for the Applicants states that the Applicants will pay fine within a period of one week from today. 8.

Accordingly, the Applicant No.2 and Applicant No.3 can be enlarged on bail by suspending sentence during the pendency of the Criminal Revision Application. In view thereof, the following order:

O R D E R

(a) The sentence of imprisonment imposed vide Judgment and Order dated 27th May 2021 passed by the learned Judicial Magistrate First Class, Vadgaon Maval, Pune in Regular Criminal Case No.487 of 2020 is suspended during pendency of Criminal Revision Application, preferred by the Applicant Nos.2 and 3 and the Applicant Nos. 2 and 3 are directed to be released on bail on executing P. R. Bond in the sum of Rs.25,000/- each with one or more solvent sureties each in the like amount;

(b) On being released on bail, the Applicant Nos.2 and 3 shall furnish their cell phone number and residential

address to the Investigating Officer and shall keep the same updated, in case of any change thereto;

(c) The Applicant Nos.2 and 3 shall not contact the victim or her family members or any other witnesses in any manner.

9.

Accordingly, the Interim Application is allowed in the aforesaid terms and disposed of.

[MADHAV J. JAMDAR, J.] Digitally signed by SONALI MILIND PATIL Date:

2025.07.10 15:16:14 +0530 SONALI MILIND PATIL