Allowed

Salman Shahabuddin Shaikh v. the State of Maharashtra

Bombay HC24 Apr 2023APPLN/1474/2023

Case brief

AI extract

What is this about?

This Court allowed an application seeking suspension of the substantive sentence imposed on the applicant for offences under sections 8 of the POCSO Act and 506 of the IPC. Having found the sentence short and acknowledging the appeal was pending, the Court ordered the suspension of the imprisonment pending the appeal decision.

What did the court decide?

The substantive sentence was suspended pending the appeal decision; applicant placed on fresh bond with original conditions.

Salman Shahabuddin Shaikh Vs the State of… — Pension and Retirement Benefits | Bombay HC (2023)

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( 1 ) cria1474.23

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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CRIMINAL APPLICATION NO. 1474 OF 2023

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IN APEAL/335/2023

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SALMAN SHAHABUDDIN SHAIKH VERSUS THE STATE OF MAHARASHTRA

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Mr. Shaikh M.A. Jahagirkar, Advocate for the applicant.
Mrs.P.V. Diggikar, APP for the respondent/State.

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CORAM: KISHORE C. SANT, J.
DATED: 24.04.2023

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PC :-

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01. This is an application seeking suspension of substantive sentence

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imposed upon the applicant by the learned Special Judge, POCSO Court,
Court No.2, Ahmednagar, by way of judgment dated 10.03.2023 in Special
Case No. 191 of 2022. The learned Judge by way of said judgment has held
the applicant guilty for the offence punishable under section 8 of the POCSO
Act and has directed him to suffer rigorous imprisonment for three years and
to pay fine of Rs.5000/-, in default, to suffer simple imprisonment for three
months. For the offence punishable under section 506 of the IPC, he is
directed to suffer rigorous imprisonment for one year and to pay fine of
Rs.1000/- and in default to suffer simple imprisonment for one month.

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02.The learned Advocate for the applicant submits that on the date
of judgment itself he has deposited the entire amount of fine and his
substantive sentence is suspended till the appeal period is over. During the
trial the applicant was on bail and there is no complaint of misuse of liberty.

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03.Looking to the fact that the sentence is a short sentence and the
appeal is not likely to be heard within a short period, this Court finds it proper
to suspend the substantive sentence pending the appeal. Hence, following
order :-

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O R D E R

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(i) Criminal Application is allowed.

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(ii) Till decision of the appeal, the substantive sentence imposed upon the applicant vide judgment and order dated 10.03.2023 by the learned Special Judge, POCSO Court, Court No.2, Ahmednagar in Special Case No.191 of 2022, shall stand suspended on same bail, fresh bond.

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(iii) The applicant shall give his contact details to the concerned police station and if there is any change in the contact details, he will inform the same to the concerned police station.

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[KISHORE C. SANT, J.]

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snk/2023/APR23/cria1474.23

Salman Shahabuddin Shaikh v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Salman Shahabuddin 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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