MOHAMMAD AZAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant has challenged the Judgment and order dtd. 11/09/2017 passed in Sessions Case No.152 of 2015 by learned Additional Sessions Judge, Kalyan. The Appellant was convicted for commission of offence punishable U/s.307 of I.P.C. and was sentenced to suffer R.I. for 7 years and to pay fine of Rs.3000.00 and in default of payment of fine to suffer S.I. for 3 months. He was given benefit of set off U/s.428 of the Cr.p.c. The Appellant was acquitted from the Charges of commission of offence punishable U/s.150, 152 and 155 of the Indian Railways Act.

(2.) Heard Shri. Swapnil Ovalekar, learned appointed Advocate for the Appellant and Shri. Agarkar, learned APP for the State.

(3.) Learned APP has submitted a report from the Superintendent of Nashik Road Central Prison dtd. 18/07/2022. It is mentioned in the report that the Appellant had suffered actual imprisonment of 5 years, 4 months and 8 days till 15/05/2022. After that he was released on Covid-19 parole and then he has not surrendered.