The High Court granted an application for suspension of sentence and release on bail. The bench noted the applicant had served five years of a seven-year maximum sentence and, without contradicting the prosecution's objection, granted relief.
Sentence suspended; applicant released on personal bond of Rs. 25,000/- with one surety.
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.
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1300.21APPLN
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
919 CRIMINAL APPLICATION NO.1300 OF 2021
IN CRIMINAL APPEAL NO.115 OF 2021
JAMEER DILAWAR SHAIKH
VERSUS
THE STATE OF MAHARASHTRA
Mr.P.P. More, Advocate for the applicant.
Mr.R.B. Bagul, APP for respondent/State.
CORAM : N.R. BORKAR, J.
DATE : 23.11.2021
P.C. :
This is an application under section 389 of
Criminal Procedure Code for suspension of sentence and to
release the applicant on bail.
2.The applicant came to be convicted for offences
punishable under section 394, 397, 323 r/w 34 of the
Indian Penal Code. So also for the offences punishable
under sections 3 r/w 25 of the Indian Arms Act. The
maximum sentence, which the applicant is directed to suffer
is imprisonment for 7 years.
3.I have heard the learned counsel for the
applicant and the learned APP for the respondent-State. The
learned counsel for the applicant submits that the trial
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1300.21APPLN
Court has failed to consider the evidence on record in its
proper perspective and arrived at wrong findings. It is
submitted that the applicant is in jail since 05.11.2016 and
has thus already undergone more than five years of
sentence. Considering this fact and circumstances, the
substantive sentence be suspended and the applicant be
released on bail.
3.On the other hand, the learned APP submits
that the applicant is involved in the serious offence of
robbery. It is submitted that the applicant is habitual
offender and there are other crimes registered against him
for the similar offences. It is, accordingly, submitted that the
application be rejected.
4.This Court has already admitted the Appeal.
The learned APP has not disputed that the applicant is in
jail since 05.11.2016. As such, the applicant has already
undergone more than five years of sentence and maximum
sentence is of 7 years. Considering this fact, I am inclined to
suspend the sentence and release the applicant on bail. The
following order is passed :-
ORDER
(i)The application is allowed. The substantive sentence
imposed by the trial Court is suspended and the applicant is
released on bail on furnishing P.R. bond of Rs.25,000/- with
one surety like amount.
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1300.21APPLN
(ii)The applicant shall attend Shivaji Nagar Police
Station, Latur once in every month i.e. on 1st Monday of
every month, between 11.00 a.m. to 2.00 p.m. during the
pendency of the present Appeal.
(iii) Bail before the trial court.
[N.R.BORKAR, J.]
SGA
2 issues framed by the court
Whether the applicant should be granted bail and his sentence suspended during the pendency of the appeal.
Whether the fact that the applicant has already served five years of a maximum seven-year sentence is a sufficient ground to grant bail.
1 provisions across 1 enactments
Jameer Dilawar Sheikh
The State of Maharashtra
N.R. BORKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court