Mumbai, August 6, 2022 – The Additional Sessions Judge K.P. Shrikhande granted bail to Zubair Wahid Ali Khan, who had filed a criminal appeal against his conviction by the Metropolitan Magistrate. The court’s decision was based on the fact that the sentence imposed by the trial court had already been suspended.

Khan, the appellant, had filed Criminal Appeal No. (number not provided) of 2022, challenging the judgment and order dated December 23, 2021, passed by the Metropolitan Magistrate, 20th Court, Mazgaon, Mumbai, in C.C. No. 2001591/SS/2015. Along with the appeal, he filed Bail Application No. 814 of 2022.

The court noted that the sentence imposed by the trial court had already been suspended.

“The sentence imposed by the judgment and order dated 23.12.2021 in C.C. No.2001591/SS/2015 by the learned Metropolitan Magistrate, 20th Court, Mazgaon, Mumbai is already suspended and therefore, I find sufficient ground to allow the application.” Said Judge Shrikhande.

Based on this, the court granted bail to Khan.

“Bail application No. 814 of 2022 is allowed. The appellant­accused Zubair Wahid Ali Khan shall be released on bail on executing PB and SB of Rs.40,000/­ (Rupees Forty Thousands only) with one or two sureties in the like amount. The provisional cash bail of Rs.40,000/­ in lieu of surety is granted for the period of one month from today. Bail application No. 814 of 2022 is disposed off accordingly.” Judge Shrikhande ordered.

The order was dictated on August 6, 2022, typed on August 10, 2022, signed on August 10, 2022, and uploaded on August 11, 2022, as certified by stenographer S.V. Ambekar.

This ruling reiterates the practice of granting bail when the substantive sentence has already been suspended during the pendency of an appeal. It simplifies the process by noting the existing suspension as a primary reason for granting bail.