Allowed

Vakil Ramzan Shaikh v. the State of Maharashtra

Bombay HC1 Sept 2005APPLN/1482/2005

Case brief

AI extract

What is this about?

In a criminal application for bail, this court granted bail to the applicant convicted under Sections 326 and 324 of the IPC. Relying on Bhagwan Rama Gosai, the court held that since the sentence is limited and the appeal cannot be heard expeditiously, bail is justified.

What did the court decide?

Applicant released on bail in the sum of Rs.25,000/- with one or two sureties, to report at Vikhroli Parksite Police Station on first and third Sundays.

Vakil Ramzan Shaikh Vs the State of Maharashtra — Murder and Culpable Homicide | Bombay HC (2005)

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 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 CRIMINAL APPELLATE JURISDICTION
 CRIMINAL APPLICATION NO.1482 OF 2005

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 IN
 CRIMINAL APPEAL NO.223 OF 2005

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 Vakil Ramzan Shaikh ..Applicant
 Vs.

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 State of Maharashtra & Anrs...Respondents

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 ...
 Mr.A.R.Pandey Advocate for Applicant
 Mr.J.S.Kini for Respondent Nos.2 and 3
 Mr.D.P.Adsule,A.P.P. for the State

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 CORAM: SMT.V.K.TAHILRAMANI,J.
 DATE : SEPT. 1,2005

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P.C.

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 1. Heard the learned advocate for the applicant,
 learned advocate for the complainant and the

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 learned A.P.P. for the State.

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 2. The applicant is seeking bail. The applicant

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 has been convicted under Sections 326 and 324 of
 IPC. The maximum sentence imposed on the applicant
 is three years.

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 3. The learned advocate for the applicant has
 pointed out that the applicant was on bail pending
 trial and he has not misused the liberty granted to
 him. This statement is not controverted by the
 prosecution. The learned advocate for the
 applicant has further submitted that sentence

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 imposed on the applicant is only three years and
 the appeal preferred by the applicant is not likely
 to be heard and disposed of within the period of
 three years.

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 4. The Supreme Court in the case of Bhagwan Rama

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Gosai and Ors. Vs. State of Gujrat reported in
(1999) 4 SCC 421, has observed that if the sentence
 is of limited duration and the appeal cannot be
 heard expeditiously, then bail should be granted.
 It is not possible to hear the present appeal
 expeditiously. In view of all the facts and
 circumstances, I am inclined to grant bail.

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 5. The applicant-Vakil Ramzan Shaikh to be
 released on bail in the sum of Rs.25,000/- with one
 or two sureties to make up that amount. The
 applicant shall report at Vikhroli Parksite Police
 Station on first and third Sundays of every month
 during the pendency of appeal.

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 6. Application is disposed of.

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 [V.K.TAHILRAMANI,J.]

Vakil Ramzan Shaikh v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Vakil Ramzan Shaikh v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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