Allowed

Ajaj Ahmed Riyaj Ahmed Shaikh v. the State of Maharashtra

Bombay HC6 Feb 2018APPA/174/2018

Case brief

AI extract

What is this about?

Allowed application for suspension of sentence and release on bail during pendency of appeal against conviction under Section 138 of Indian Electricity Act, directing submission of surety.

What did the court decide?

Substantive sentence of imprisonment suspended; applicant directed to be released on bail on executing Personal Bond of Rs. 15,000/- and furnishing surety in like amount.

Ajaj Ahmed Riyaj Ahmed Shaikh Vs the State of Maharashtra — Bail and Remand | Bombay HC (2018)

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905-APPA-174-2018.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CRIMINAL APPELLATE JURISDICTION

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CRIMINAL APPLICATION NO.174 OF 2018 IN CRIMINAL APPEAL NO.111 OF 2018

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AJAJ AHMED RIYAJ AHMED SHAIKH )...APPLICANT

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V/s.

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THE STATE OF MAHARASHTRA

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)...RESPONDENT

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Ms.Anita Chawane i/b. Ms.Suvarna Vast, Advocate for Applicant.

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Mr.A.R.Kapadnis, APP for the Respondent - State.

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CORAM : A. M. BADAR, J. DATE : 6^th FEBRUARY 2018

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P.C. :

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1 This is an application for suspension of sentence and

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releasing the applicant/accused on bail during pendency of the appeal filed by him. The applicant/accused has been convicted of offences punishable under Section 138 of the Indian Electricity Act

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and he is sentenced to suffer rigorous imprisonment for 1 year apart from payment of fine.

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905-APPA-174-2018.doc

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2 The learned Advocate appearing for the

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applicant/accused drew my attention to the order dated 8^th December 2017 passed by the learned trial court in exercise of powers under Section 389(3) of the Code of Criminal Procedure

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and submitted that the applicant/accused is already released on bail after conclusion of his trial by the learned trial court and as he was on bail during pendency of the trial, he be released on bail.

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3 The learned APP opposed the application.

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4 As the sentence of imprisonment imposed on the applicant/accused is only of 1 year and he has already been released on bail by the learned trial court after conclusion of the trial as well as the fact that there is nothing on record to conclude that the applicant/accused will misuse his liberty while on bail, the following order :

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ORDER

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i) The application is allowed.

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905-APPA-174-2018.doc

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ii) Substantive sentence of imprisonment imposed on the applicant/accused is suspended and the applicant/accused is directed to be released on bail on his executing P.R.Bond in the sum of Rs.15,000/-, and on furnishing surety in like amount.

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iii) As a condition of this order, the applicant/accused should not repeat commission of similar offence in future.

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iv) Failure to abide by this condition would entail the prosecution to apply for cancellation of bail granted to the applicant/accused.

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v) The application is accordingly disposed of.

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(A. M. BADAR, J.)

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Ajaj Ahmed Riyaj Ahmed Shaikh v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Ajaj Ahmed Riyaj Ahmed Shaikh v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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Coram

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