Two criminal appeals against conviction and sentence were partly allowed. The High Court confirmed the conviction but modified the sentence to match the time already undergone by the appellants, ordering their immediate release.
Conviction confirmed; sentence modified to time already undergone; appellants 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.
1
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
2
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.)
2 issues framed by the court
Whether the appeals against conviction and sentence should be allowed to modify the sentence based on time already undergone.
Whether the appellants should be released forthwith on the sentence already undergone.
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
