Single judge allowed an application for suspension of sentence and bail during pendency of appeal, imposing restrictions on contacting the victim and repeating offences.
Substantive sentence of imprisonment was suspended and the applicant was directed to be released on bail on executing a personal bond of Rs.15,000.
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.
sr.15.appa.1355.2017
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.1355 OF 2017 IN
CRIMINAL APPEAL NO.747 OF 2017
Mohammad Alam Mohammad Aslam Shaikh ... Applicant
V/s.
The State of Maharashtra ... Respondent
Ms.Sangita Dongre i/b. Mr.Dushyant Shantaram Pagare for the applicant.
Ms. Anamika Malhotra, APP for the respondent / State.
CORAM : A.M.BADAR J.
DATED : 8th MARCH 2018.
P.C. :
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sr.15.appa.1355.2017
imposed on him and as his appeal may not be heard in near future, he deserves to be released on bail.
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sr.15.appa.1355.2017
::ORDER::
(A.M.BADAR J.)
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2 issues framed by the court
Whether an applicant convicted under Section 354 IPC and POCSO Act is entitled to bail when a short sentence has been imposed and part of it served.
What conditions should be imposed on bail to prevent the applicant from contacting the victim or repeating offences.
2 provisions across 2 enactments
Mohammad Alam Mohammad Aslam Shaikh
The State of Maharashtra
A.M. Badar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
