This single-paragraph order grants bail to the applicant, who had completed his entire sentence via remissions, pending the final hearing board's decision on his criminal appeal.
Granted bail. Price attendance to police station once in a month. Fine payment stayed.
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 APPLICATION NO. 221 OF 2010 IN
CRIMINAL APPEAL NO. 370 OF 2009
Mohammed Khalid Khan @ Salim...Applicant
vs.
State of Maharashtra...Respondent
Mr.Sushan Kunjuraman and Mr.Mahesh Kadam for the
Applicant.
Mr.A.S. Shitole, APP for the State.
CORAM : V.M. KANADE, J.
DATED : JULY 9, 2010
P.C. :-
1The applicant � original accused no.4 has
been convicted by the trial court for the offence
punishable under Section 307 read with 120-B of the
IPC and sentenced to suffer RI for 5 years and to
pay a fine of Rs.1000/- and in default, to suffer
further RI for three months and under Section 3(1)
(ii) of the MCOC Act, 1999 and sentenced to suffer
RI for 5 years and to fine of Rs.5 lakhs and in
2
default, to suffer RI for one year. The applicant
was arrested on 11th March, 2005 and is in jail since
then. The applicant, therefore, has already
completed his entire sentence of 5 years. Since the
appeal is admitted by virtue of provisions of
Section 357(2), the payment of fine is stayed. Even
otherwise if this order is confirmed by this court
taking into consideration the remissions to which he
is entitled, he would complete the entire sentence.
Therefore, under these circumstances, the applicant
deserves to be released on bail since the appeal may
not be heard immediately though it is on the final
hearing board.
one or two sureties in the like amount. He shall
report to the concerned police station once in a
month.
3The application is disposed of.
(V.M. KANADE, J.)
3 issues framed by the court
Whether the applicant convicted and sentenced to life imprisonment and fine should be released on bail after completing nominal sentence.
Whether the applicant deserves release on bail since the appeal may not be heard immediately.
Whether stay of payment of fine is appropriate given the applicant has completed his sentence.
2 provisions across 2 enactments
Mohammed Khalid Khan @ Salim
State of Maharashtra
V.M. Kanade
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court