AHMED MOHD JILANI SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application for being released on bail during the pendency of Criminal Appeal No. 322 of 2006.

(2.) The applicant was accused No. 2 in Sessions Case No. 849 of 2005 and along with accused No. 1 he has been convicted for the offences punishable under Sections 394 and 397 read with section 34 of IPC. For the offence punishable under section 394 of IPC, he has been sentenced to suffer life imprisonment and for the offence punishable under section 397 of IPC, he has been sen tenced to suffer RI for seven years. The applicant had approached this Court in Criminal Application No. 1107 of 2006 for being released on bail and the said application was rejected on 8/ 1/2007. Hence this is the second application for bail by the applicant.

(3.) As per the prosecution case on 24/8/ 2005 (past mid night) the applicant along with three other accused boarded an auto rickshaw bearing Registration No. MH-03-AA-4166 which was being driven by Afroz Malik - P.W. 1 and threatened the rickshaw driver with knife and robbed him.