APPA/1679/2011 of SHAIHJAD IQBAL SHAKH Vs THE STATE OF MAHARASHTRA AND ANR on 30 December 2011

1. Heard Mr. Thonge, learned counsel for the Applicant and Mrs. Mane, learned A.P.P. on behalf of the State.

2. The applicant was original accused no.2 in the Sessions Case No.99/2010. He is convicted for the offence punishable u/s 326 r/w Section 34 of the Indian Penal Code. His role is described in paragraph 8 of the judgment dated 2.8.2011. The prime accused appears to be accused no.1.

APPA.1679-2011.sxw

Applicant/Accused No.2 had used Bamboo stick at the time of alleged assault. Though originally there was a charge u/s 307, the applicant and other accused have been convicted for the offence punishable u/s 326 r/w Section 34 of the Indian Penal Code. The applicant was on bail through out the trial.

3.

Considering the fact that the applicant was earlier on bail and his role, as compared to the role of accuse no.1, is less serious, I am inclined to grant bail to the applicant. Hence, I pass the following order:

(i) Substantive sentence imposed on the applicant shall remainsuspended during the pendency of the appeal.

(ii) The applicant shall be released on bail in the sum of Rs.

15,000/- with one solvent surety in the like amount or two sureties in the sum of Rs.7500/- each, on payment of fine amount imposed by the Trial Court.

(iii) The applicant shall not leave the territorial jurisdiction of the Municipal Corporation Greater Mumbai without prior permission of this court until further orders.

APPA.1679-2011.sxw

4. Criminal Application No.1679 of 2011 is accordingly disposed of.

(M.L. TAHALIYANI, J.)