The High Court dismissed the applicant's bail application due to overwhelming evidence and rejection of substantive sentence suspension. However, the Court expeditied the appeal hearing and granted liberty to apply for a fixed date.
Liberty granted to apply for a fixed date hearing of the appeal after the paper-book is received.
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.
APPA 82.15.sxw
1
JPP
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION
CRIMINAL APPLICATION NO. 82 OF 2015
IN CRIMINAL APPEAL ST. NO. 62 OF 2015
Mohammad Shafi Samiulla Shaikh.
... Applicant.
V/s.
The State of Maharashtra.
... Respondent.
Mrs. Sonia Miskin, Appointed Advocate for the Applicant. Mrs. Sangeeta D. Shinde, APP for the State.
CORAM : P.V. HARDAS &
Dr. SHALINI PHANSALKAR-JOSHI, JJ.
MARCH 17, 2015.
P.C. :-
This is an Application sent by the Applicant from Jail praying that he be released on bail pending the decision of the Appeal. Undisputedly, the Applicant was not on bail during trial and as per the Judgment of the Trial Court, the Applicant is in Jail since 10.4.2010.
2 APPA 82.15.sxw
relating to the offence of conspiracy, we are not inclined to suspend the substantive sentence of imprisonment and release the Applicant on bail. However, the Applicant has undergone practically about 5 years of imprisonment, we expedite the hearing of the Appeal. We grant liberty to the Applicant to apply for a fixed date hearing of the Appeal after the paper-book is received.
(DR.SHALINI PHANSALKAR-JOSHI, J.) (P.V. HARDAS, J.)
2 issues framed by the court
Whether bail should be granted to the applicant pending the decision of the criminal appeal.
Whether to expeditiously fix a hearing date for the appeal.
Mohammad Shafi Samiulla Shaikh
The State of Maharashtra
P.V. Hardas
Dr. Shalini Phansalkar-Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
