MAKSUD SHEIKH GAFFUR SHEIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Shri R. K. Tiwari, learned counsel for the applicant and Shri T. A. Mirza, learned A.P.P. for the respondent/State.

(2.) We have been called upon to answer the question referred to us in a Criminal Application filed by present applicant seeking his bail under Section 436-A of Code of Criminal Procedure (hereinafter referred to as "Code" for the sake of convenience) in a pending appeal.

(3.) The applicant was prosecuted along with five accused persons for offences punishable under Sections 450, 506-II, 326, 452, 366, 354-A, 354-B, 354-C, 376-B, 426, 307, 394, 201, 212 read with Sections 343 and 149 of the Indian Penal Code 1860 and Sections 67 and 67-A of the Information Technology Act, 2000 read with Sections 109 and 114 of the Indian Penal Code, 1860. The applicant, upon conclusion of his trial for these offences in Session Trial No.22 of 2015, was convicted by the judgment dated 01.08.2016, delivered by Additional Sessions Judge-4, Chandrapur. He was convicted for offences punishable under Sections 506-II, 450, 326, 452, 354-A read with Sections 34, 149, 109 and 114 of the Indian Penal Code and also under Section 66E of the Information Technology Act, 2000. Various terms of imprisonments, ranging from three years to ten years came to be awarded to him. During pendency of the appeal, the applicant filed an application under Section 389 of the Code seeking suspension of sentences imposed upon him and his release on bail. The application was rejected by the Division Bench of this Court by its order passed on 18th November, 2016. Liberty, however, was granted to the applicant to file an independent application seeking bail on medical grounds, if any. The liberty so granted to the applicant was exhausted by him later and his bail application was rejected by the Division Bench on 31st January, 2017.