Partly allowed

Rouf Abdul Aziz Janoo v. State of Maharashtra and Anr.

Bombay HC8 Mar 2023IA/440/2023

Case brief

AI extract

What is this about?

Chief Judicial Magistrate Bharati Dangre allowed an interim application by a convicted applicant seeking suspension of sentence and release on bail. The court granted the suspension, permitting release on bail subject to the original terms and conditions with a fresh bond deposit within four weeks.

What did the court decide?

Sentence suspended; release on bail granted subject to original terms and conditions and execution of new PR bond within four weeks.

Rouf Abdul Aziz Janoo Vs State of Maharashtra and… — Criminal Trial and Appeal | Bombay HC (2023)

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(15)IA-440-2023.doc

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rajshree

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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INTERIM APPLICATION NO.440 OF 2023 IN

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CRIMINAL APPEAL NO.24 OF 2023

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Rouf Abdul Aziz Janoo ] .. Applicant vs. State of Maharashtra & Anr. ] .. Respondents

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Mr.Mohit Dalvi a/w Amit Icham i/b Poonam Garde for the Applicant Mr.S.R. Agarkar, for State.

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Mr.Shreeram Shirsat a/w Nishi Singhvi for CBI.

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CORAM : BHARATI DANGRE, J

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DATE : 08^th March, 2023

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P.C.

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1] By the present Application, the Applicant seek suspension of sentence and his release on bail, on being convicted by the learned Special Judge by the impugned Judgment and order dated 02.11.2022 in CBI Special Case No.24/2005 @ 4/2006.

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2] Heard the learned counsel for the Applicant and the learned counsel for CBI.

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With their able assistance, I have perused the impugned Judgment.

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(15)IA-440-2023.doc

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3] The present Applicant is convicted for the offence punishable under Section 120-B, 420 read with 120-B of the Indian Penal Code and he has been sentenced to suffer RI for 6 months and to pay fine of Rs.3000/- for each offence, in default, he is directed to undego RI for one month for each offence.

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Substantive sentences are directed to run concurrently.

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4] The learned counsel for the Applicant would submit that the Applicant was on bail while he underwent trial before the learned Special Judge and he has never misused the liberty conferred upon him. He would submit that considering the role that has been assigned to him by the prosecuting agency, he deserve continuation of his liberty pending the present Appeal.

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5] The learned counsel for CBI do not dispute that the Applicant was on bail throughout the proceedings before the Special court when he was tried for the offence with which he was charged.

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In the circumstances, I deem it appropriate to suspend the sentences imposed upon the Applicant by the impugned Judgment and order dated 02.11.2022. However, his release on bail shall be subject to the same terms and conditions, upon which he was released on bail by the Special Court, subject to fresh PR Bond being executed within a period of four weeks from today.

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The learned counsel for the Applicant agree that he shall abide by the direction of depositing fine amount of Rs.3,000/- for each offence. This compliance shall also be ensured within a period of four weeks from today.

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[BHARATI DANGRE, J]

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Rouf Abdul Aziz Janoo v. State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Rouf Abdul Aziz Janoo v. State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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