MD IRFAN ABDUL GANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD the learned counsel appearing on behalf of the Applicant and learned APP for the State.

(2.) THE Applicant is convicted by the Trial Court for the offence punishable under sections 397, 457 and 459 of the Indian Penal Code. He has been sentenced to suffer R.I. for seven years and pay fine of Rs.5,000/- and, in default, to suffer S.I. for three months for the offence punishable under sections 397 and 459 of the Indian Penal code. For the other offence punishable under section 457, the Applicant has been sentenced to suffer R.I. five years and pay fine of Rs.3,000/- and, in default, to suffer S.I. for two months.

(3.) THE Applicant has undergone 3 years of sentence and taking into consideration the remissions which are available to the Applicant, he has undergone more than 50%. In view of the number of judgments of the Apex Court since the Applicant has undergone 50% of the sentence and since the appeal is not likely to be heard immediately in near future on account of the pendency of the cases, the Applicant deserves to be released on bail.