Allowed

Ab Gaffar S/O. Ab Sattar v. State of Mah. Thr. Pso, Ps, Manora, Tq. Manora, Dist. Washim.

Bombay HC14 Nov 2023APPR/372/2023

Case brief

AI extract

What is this about?

The High Court at Nagpur allowed Criminal Appeal and Revision petitions, suspended the execution of the sentence of one year rigorous imprisonment under Section 325 IPC, and granted bail to the applicant upon execution of a bond with a solvent surety.

What did the court decide?

Execution of sentence suspended pending disposal of revision; applicant released on bail with Rs.15,000/- bond and one surety.

Ab Gaffar S/O. Ab Sattar Vs State of Mah. Thr. Pso, Ps… — Bail and Remand | Bombay HC (2023)

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2023:BHC-NAG:16520

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(1) 17.cri. appln.appr.2023

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

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CRIMINAL APPLICATION (APPR) NO.372 OF 2023 IN

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CRIMINAL REVISION APPLICATION NO.248 OF 2023

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Ab. Gaffar S/o. Ab. Sattar

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Vs.

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State of Maharashtra, through P.S.O., Police Station Manora, Tq. Manora, District Washim

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----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders

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----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------Mr. A. B. Mirza, Advocate for applicant. Mr. S. M. Ukey, APP for State.

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CORAM : URMILA JOSHI-PHALKE, J. DATED : 14/11/2023

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By preferring this application, the applicant has challenged the judgment and order of conviction passed in Criminal Appeal No.34 of 2013, by which the conviction and sentence passed by the learned Judicial Magistrate First Class, Manora, District Washim is maintained and the conviction under Section 325 of the Indian Penal Code sentencing him for one year rigorous imprisonment is maintained.

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Heard learned Counsel Mr. Mirza for the applicant. He submitted that he has every chance of success in the present appeal, as the First Appellate Court has not considered the material on record and wrongly dismissed the appeal, however the revision will take its

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(2) 17.cri. appln.appr.2023

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own time for its final decision. He has some arguable points.

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Learned APP for the State strongly opposed the application and prays for rejection of the application.

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Having heard learned Counsel for the applicant and the learned APP for the State. The applicant has made out the case showing that he has every chance of success in the present appeal. In view of that, the execution of the sentence deserves to be suspended.

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In view of that, I proceed to pass following order.

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(i) The effect and execution of the sentence imposed by the learned Judicial Magistrate First Class, Manora, District Washim is suspended, till disposal of the revision application.

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(ii) The applicant be released on bail on executing PR bond in the sum of Rs.15,000/- with one solvent surety in the like amount.

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(iii) The bail in lower Court.

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The application is disposed of.

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(3) 17.cri. appln.appr.2023

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CRIMINAL REVISION APPLICATION NO. 248 OF 2023

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Heard.

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Admit.

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Call for record and proceedings.

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The matter be placed before the Court after receipt of the record and proceedings.

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Copy of this order be furnished to the parties.

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(URMILA JOSHI-PHALKE, J.)

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Sarkate

Ab Gaffar S/O. Ab Sattar v. State of Mah. Thr. Pso, Ps, Manora, Tq. Manora, Dist. Washim.

Case brief

What is this about?

What did the court decide?

Ab Gaffar S/O. Ab Sattar v. State of Mah. Thr. Pso, Ps, Manora, Tq. Manora, Dist. Washim.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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