Held that applicant is fit for suspension of execution of imprisonment sentence pending disposal of appeal on merits given compliance with bond terms and likely delay in hearing.
Execution of substantive sentence imposed in Special (M.S.E.B.) Case No. 01 of 2009 is suspended till disposal of appeal.
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.
44 APPA 739.17.doc
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Phjayani
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 739 OF 2017 IN
CRIMINAL APPEAL NO. 448 OF 2017
Sanjid A. Gafar Saheblal ….Applicant Versus The State of Maharashtra ….Respondent
Mr. Tassawar Sagari for the applicant. Mr. Vinod Chate, APP for the respondent/State.
CORAM : SMT. ANUJA PRABHUDESSAI, J. DATE : 09th OCTOBER, 2017
P.C. :
44 APPA 739.17.doc
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Phjayani
applicant/accused has been convicted for offence punishable under Section 420 of Indian Penal Code and sentenced to suffer three years simple imprisonment and to pay fine of Rs. 5,000/- in default to suffer further simple imprisonment for six months. The applicant is also convicted for offence punishable under Section 170 of the Indian Penal Code and sentenced to suffer one year simple imprisonment and to pay fine of Rs.1,000/- in default to suffer further simple imprisonment for three months. Aggrieved by the said conviction and sentence, the applicant has preferred this appeal and pending the appeal, he has sought suspension of execution of sentence.
Phjayani
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(i) The execution of substantive sentence imposed vide judgment dated 17th April, 2017 in Special (M.S.E.B.) Case No. 01 of 2009 is suspended till the disposal of the appeal on merits. The bail bond furnished before the Additional Sessions Court, Solapur in terms of order dated 15th May, 2017 passed by this Court, shall continue till the disposal of the appeal on merits.
(ii) The Criminal Application No.739 of 2017 stands disposed of.
(SMT. ANUJA PRABHUDESSAI, J.)
2 issues framed by the court
Whether execution of imprisonment sentence should be suspended pending appeal on merits.
Whether applicant is fit for suspension of sentence given compliance with bond terms and nature of allegations.
Sanjid A. Gafar Saheblal
The State of Maharashtra
Anuja Prabhu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
