Ishaq S/O. Israil Sheikh vs State Of Mah. Thr. Pso, Ps, Sonegaon, ... on 31 July, 2025

[Cites 3, Cited by 0]

Bombay High Court

Ishaq S/O. Israil Sheikh vs State Of Mah. Thr. Pso, Ps, Sonegaon, ... on 31 July, 2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION NO. 748 OF 2024
IN CRIMINAL APPEAL NO. 459 OF 2023
(Ishaq s/o Israil Sheikh (At present Central Jail, Nagpur) Vs. State of Maharashtra)
__________________________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
Mr. A.K. Bhangde, Counsel for the applicant/appellant.
Mr. M.K. Pathan, A.P.P. for the non-applicant/respondent/State.
.....
CORAM : ANIL L. PANSARE AND
M.M. NERLIKAR, JJ.
JULY 31, 2025

Heard.

2] The applicant, who is the only accused left
to be released on bail upon passing order of suspension of
sentence, has filed the present application.

3] The applicant and three others have been
convicted for the offences punishable under Sections 363
and 364A read with Section 34 of the Indian Penal Code,
1860 (for short "I.P.C."). As such, they were tried for the
offences punishable under the provisions of the
Maharashtra Control of Organised Crime Act, 1999, as
well, however, the learned trial Court was pleased to
acquit them under the said provisions.

4] The learned Counsel for the applicant has
invited our attention to order dated 20/12/2023 passed
by this Court in an application filed by the co-accused.
Amongst various reasons, what appears to us, to suspend
the sentence, is what this Court has noted in paragraph 6
of its order, which reads thus :
920-APPA-748-2024 2

"6. We have noted above that the question of
identity of assailants is a matter for
consideration. The arguable grounds have been
raised. Besides that the applicant is in jail from
near about 7 years. Though it is a case of
kidnapping for ransom, neither money was paid
nor victim sustained injury. The appeal will take
its own time for disposal. Taking into account
all above circumstances particularly the long
incarceration, we are inclined to exercise our
discretion. Hence, application is allowed."

5] Thus, arguable ground, amongst other, is
identity of the accused. We were informed that the issue
of identification is relevant because the accused persons
were identified by the victim after a time span of seven
months. Thus, there is arguable case on the point as
regards identity of the accused. There are other grounds
as well.

6] Considering the aforesaid reasons, for which
the sentence of the co-accused was suspended, we find no
reason why shouldn't same benefit be extended to the
applicant, who is in jail for about nine years. Hence,
following order :

ORDER

I] The sentence of conviction of the applicant in M.C.O.C. Case No. 12/2016, under Sections 363 and 364A read with Section 34 of the I.P.C., stands suspended.

II] The applicant, viz., Ishaq s/o Israil Sheikh, shall be released on bail on furnishing personal recognizance (P.R.) bond in the sum of Rs.50,000/- (rupees fifty thousand) with one or two sureties in the like amount.

920-APPA-748-2024 3

III] The applicant shall attend the concerned police station on first Wednesday of each month between 11:00 am to 2:00 pm. IV] The application is disposed of.

                                                  (JUDGE)                       (JUDGE)


                                      Sumit




Signed by: Mr. Sumit Agrawal

Designation: PS To Honourable Judge Date: 31/07/2025 16:41:15

Unlock Advanced Research with PRISMAI

Bombay High Court