ABDUL FARUK BARGEER Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application for suspension of sentence and grant of bail during the pendency of appeal preferred by applicant challenging the Judgment and order dated 30 th August, 2019 passed by the Additional Sessions Judge-2, Sangli.

(2.) The applicant has been convicted for offence punishable under Section 304-II of Indian Penal Code (for short " IPC ") and sentenced to suffer rigorous imprisonment for Ten years and to pay fine of Rs. 25,000/- He is also convicted for the offences punishable under Sections 285 , 286 , 337 and 338 of Indian Penal Code. The applicant is sentenced to suffer imprisonment of Six months for the offences punishable under Sections 285 , 286 and 337 of Indian Penal Code on each count. He is sentenced to suffer rigorous imprisonment for Two years for the offence punishable under Section 338 of Indian Penal Code.

(3.) The prosecution case is that, on 29th April, 2014 the first informant felt gas odour from room No.1 situated in chawl where she was residing. The room was locked. Altaf Yusuf Shaikh, who had locked the room was called. He opened lock of door with the help of key and entered into the room. The informant and her nephew was standing at the door. Altaf was doing something by bending over the cylinder and at that time explosion occurred. Nephew of the informant caught fire. He was shifted to hospital. Informant and her son sustained burn injury. Other persons in the vicinity also suffered burn injuries. Nephew of the deceased, Altaf Shaikh and one Mubarak died due to burn injuries. First Information Report (For short "FIR") was registered. The applicant was arraigned as accused No.1. Altaf was impleaded as Accused No.3, although he was dead. Accused No.4 - Sunil Kolpe died, during the pendency of proceedings and the case against him had abated. During investigation it was allegedly revealed that, the chawl was owned by accused No.5. The accused No.1 with the help of co-accused was conducting business by storing gas cylinders in the chawl. Gas was provided to Rickshaw drivers illegally.