The High Court partly allowed two criminal appeals. Conviction was confirmed, but the sentence was reduced to the four years and two months the appellants had already undergone, ordering their immediate release.
Conviction confirmed; sentence reduced to period already undergone; appellants ordered released forthwith.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 232 OF 2005
Mehboob Sayyed Abdul Sayyed
..... Appellant.
V/s
State of Maharashtra
...... Respondent.
Ms. Vrishali Raje i/b Mr. Prakash Naik for the appellant.
Mr P.A. Pole, APP for the State.
ALONGWITH
CRIMINAL APPEAL NO.225 OF 2005
Noor Alam Naimulla Khan
..... Appellant.
V/s
The State of Maharashtra ..... Respondent.
Ms. Vrishali Raje, advocate appointed as amicus curiae by the Court for the appellant.
Mr P.A. Pole, APP for the State.
CORAM: V.M. KANADE, J. DATE: 1st October, 2008
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P.C.:
For the reasons separately recorded, the following order is passed:-
O R D E R
In the result, both the appeals are partly allowed. The conviction imposed by the Trial Court is confirmed. The sentence imposed by the Trial Court is modified to the sentence already undergone by both the appellants. Both the appellants have already undergone 4 years and two months of sentence. Both the appellants, therefore, be released forthwith on the sentence which they have already undergone, if not required in any other case.
Both the appeals are accordingly disposed of in the aforesaid terms.
(V.M. KANADE, J.)
1 issue framed by the court
Whether the conviction of the appellants by the trial court should be confirmed and the sentence modified.
Mehboob Sayyed Abdul Sayyed
Noor Alam Naimulla Khan
State of Maharashtra
V.M. Kanade
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
