MHCC020037802024
IN THE COURT OF SESSIONS FOR GREATER MUMBAI,
AT MAZGAON
CRIMINAL BAIL APPLICATION NO.581 OF 2024
IN
CRIMINAL APPEAL NO.564 OF 2023
Arshad Khalif Gufran Shaikh,
Age : 35 years, Occ. : Nil,
R/at : Kuralsar CHS Ltd., Narayan Nagar,
Ghatkopar (W), Mumbai.

…
Applicant/
Org. Accused
Versus
The State of Maharashtra,
(The Sr.P.I. of Ghatkopar police
station vide C.R. No.510/2015).

…
Respondent/
Org. Complainant
Appearance :
Mr. Raj Kamble, Ld. Adv. for applicant.
Mr. Sachin Gawade, Ld. Addl. P.P. for respondent/State.
CORAM : HIS HONOUR ADDL. SESSIONS JUDGE
K. P. SHRIKHANDE. (C. R. No.87)
DATED : 6th March, 2024.
ORDER
This
bail
application
is
filed
on
the
background
that
the
appellant/accused has been convicted by the learned trial Court by its
judgment and order dated 18/07/2023.

The appellant/accused has
been convicted for the offence under section 354A(1)(v) punishable
under section 354A(3) and section 452 of the Indian Penal Code. For
­2­
BA 581/24 in CA 564/23
the offence under section 354A(1)(v) punishable under section 354A(3)
of the IPC, the accused is sentenced to suffer Rigorous Imprisonment for
six months and to pay fine of Rs.5,000/­, and in default of payment of
fine, he shall suffer Rigorous Imprisonment for 15 days. For the offence
punishable under section 452 of the IPC, he is sentenced to suffer
Rigorous Imprisonment for six months and to pay fine of Rs.5,000/­,
and in default of payment of fine, he shall suffer Rigorous
Imprisonment for 15 days.
2.

The learned A.P.P. has filed the reply overleaf the
application and opposed the application by submitting that the offence
is serious and there is possibility of absconding of the appellant.
However, as the appellant was on bail during the period of trial and as
the appellant/accused has challenged the legality and propriety of the
judgment of conviction and the sentence imposed by filing the appeal,
and considering the same, as the substantive sentence has been
suspended, I am of the view that the appellant/accused can be released
on bail. In the result, I proceed to pass the following order :­
ORDER
1.

Criminal Bail Application No.581 of 2024 is allowed.

2.

The appellant/accused Arshad Khalif Gufran Shaikh shall be
released on bail on executing the P.R. bond of Rs.25,000/­ with
surety in the like amount.

3.

The appellant/accused to furnish bail before the trial Court
within one month.

4.

Liberty
is
given
to
the
appellant/accused
provisional cash bail for one month.

to
furnish
­3­
5.

BA 581/24 in CA 564/23
Criminal Bail Application No.581 of 2024 is disposed of
accordingly.

Date : 06/03/2024.

Typed on
Signed on
( K. P. SHRIKHANDE )
Additional Sessions Judge,
Gr. Mumbai, C.R. No.87 at Mazgaon.

: 12/03/2024.
:
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date
Upload Time
Bahushruta Y. Jambhale
14/03/2024
3.10 p.m.

Name of Stenographer
Name of the Judge (With C.R. No.)
Date
of
Pronouncement
JUDGEMENT / ORDER
HHJ SHRI K. P. SHRIKHANDE
(COURT ROOM No.87)
of
06/03/2024
JUDGEMENT / ORDER signed by P.O.
on
14/03/2024
JUDGEMENT / ORDER uploaded on
14/03/2024