MAKSUD SHEIKH GAFOOR SHEIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Hearing was conducted through Video Conferencing and the learned counsel agreed that the audio and visual quality was proper.

(2.) The applicant stands convicted in Session Trial No.22/2015 by the judgment dated 01.08.2016 for the offences punishable under Sections 506-II, 450, 326, 452, 354-A read with 34, 149,109, 114 of the Indian Penal Code and Section 66 E of the Income Tax Act, 2000. He has been sentenced on various counts which sentence includes rigorous imprisonment for a period of ten years. After the appeal preferred by the applicant was admitted, he had moved an application under Section 389 of the Code of Criminal Procedure, 1973 (for short, the Code ) being Criminal Application (APPA) No.597/2016 praying that the sentences as imposed upon him be suspended. This Court on 18.11.2016 was pleased to reject the said application. The preparation of the paper book was however expedited.

(3.) The applicant has now filed the present application renewing his prayer to suspend the sentence imposed upon him by the Sessions Court. It is the principal contention of the applicant is that by virtue of the provisions of Section 436 A of the Code, the applicant having undergone detention for a period of almost five years and eight months, he is entitled to be released on his personal bond. The applicant contends that he is in jail since 07.11.2014 and having been sentenced to imprisonment of ten years, he has undergone more than half of the sentence imposed upon him.