B.A.1167/2022
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MHCC020067172022
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT BOMBAY
CRIMINAL BAIL APPLICATION NO. 1167 OF 2022
IN
CRIMINAL APPEAL NO.424 OF 2023
Mr. Irfan Ayub Shaikh @
Mustakin Khan
Indian Inhabitant, aged 57 years,
Occupation : Driver, residing at
Room no.13, Building no.14,
LIG Colony, Vinoba Bhave nagar,
Kurla (W), Mumbai 400 070
…Applicant
(Original Accused)
Vs.
The State of Maharashtra
(Cuffe Parade Police Station)
…Respondent
CORAM: HH THE ADDL.SESSIONS JUDGE
SHRI. V. M. SUNDALE
(Court Room No.27)
DATE : 05th August 2023
Shri Shrinivas Balla, learned advocate for the applicant.
Shri S.V.Keknis, learned APP for State/Respondent.

ORDER
1.

The applicant/original accused in C.C.No.27/PW/2014 has
filed this application u/s. 389(1) of Cr.P.C. for enlarging him on bail till
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final disposal of the appeal.

2.

In short, it is the case of applicant/original accused that the
learned Metropolitan Magistrate, 23rd Court, Esplanade, Mumbai
convicted him in C.C.No.27/PW/2014 for the offence punishable u/s.
381 of the IPC and sentenced to suffer rigorous imprisonment for one
year and to pay fine of Rs.2,000/-, in default of payment of fine amount
to suffer further rigorous imprisonment for three months.

3.

The applicant/original accused being aggrieved by the said
judgment and order preferred an appeal. The applicant/original
accused has a good case, therefore he wants to test the said conviction
and sentence in appeal. Hence, the applicant/original accused moved
an appeal alongwith application for suspension of sentence and bail. It
is prayed that in case the application for suspension of sentence is
allowed, he be released on bail. Hence, this bail application.

4.

Heard Shri Shrinivas Bhalla, learned advocate for the
applicant and Shri. S.V.Keknis, learned APP for the prosecution.

5.

I have carefully gone through record with reference to
submission of both the sides. In view of order passed in M.A.
No.880/2022, this Court has already suspended the execution of
sentence till final disposal of appeal. The applicant/original accused has
deposited fine amount. The learned Metropolitan Magistrate already
suspended substantive sentence and released the applicant on bail till
appeal period. In facts and circumstances, the applicant/original
accused is entitled to be released on bail during the pendency of appeal.

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Hence, I pass the following order.
ORDER
1.

Criminal Bail Application No.1167 of 2022 is allowed.

2.

The applicant/accused Irfan Ayub Shaikh @ Mustakin Khan be
released on bail on his furnishing P.R.Bond of Rs.15,000/(Rs.Fifteen Thousand) with one surety in like amount.

3.

Provisional cash bail in the like amount is allowed. The applicant
shall furnish surety within eight weeks, failing which the cash bail
shall stand forfeited without any separate order.

4.

Thus, Criminal Bail Application 1167 of 2022 stands disposed of.
Digitally signed
by VIRBHADRA
VIRBHADRA MAHADAPPA
MAHADAPPA SUNDALE
Date:
SUNDALE
2023.08.14
15:12:48 +0530
05/08/2023
Date of Dictation
:05/08/2023
Date of Transcription :09/08/2023
Date of signature
:14/08/2023
(V. M. Sundale)
Addl. Sessions Judge,
City Civil & Sessions Court,
Gr. Mumbai
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date
Upload Time
14/08/2023
3.00 p.m.

Name of Stenographer
Mrs. M.S. Putta
Name of the Judge (With C.R. No.)
Date
of
Pronouncement
JUDGEMENT /ORDER
HHJ Shri V.M.Sundale (C.R.No. 27)
of
05/08/2023
JUDGEMENT /ORDER signed by P.O.
on
14/08/2023
JUDGEMENT /ORDER uploaded on
14/08/2023
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