AZHARALI JAFERALI QURESHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Criminal Revision Application ("CRA") takes exception to twin judgments dtd. 31/8/2001 passed by the 31stMetropolitan Magistrate's Court, Vikhroli, inter alia, convicting the Revision Applicant (accused No.2 therein) for the offence punishable under Ss. 332 r/w 34 of the Indian Penal Code, 1860 (for short "IPC") and sentenced to suffer R.I. for a period of one year and to pay fine of Rs.3,000.00, in default to suffer further R.I. for a period of three months and dtd. 5/8/2002 passed by the Sessions Court, Mumbai thereby upholding the conviction awarded by the Trial Court. By virtue of the judgment passed by the learned Metropolitan Magistrate's Court, accused No.1 and accused No.3 in the same offence have been acquitted. The Sessions Court has dismissed the Appeal of Applicant - accused No.2 and directed him to surrender on 6/9/2002 before the Trial Court for undergoing the sentence.

(2.) Present CRA is filed on 17/9/2002. On 19/9/2002, Rule was granted in the present CRA by this Court and since then Applicant - accused No.2 is on bail as this Court directed continuation of bail on the same day on furnishing a fresh bond.

(3.) By order dtd. 25/3/2021, Advocate Mr. Kartik S. Garg is appointed as Legal Aid Counsel to represent and espouse the cause of the Applicant. CRA is opposed by the learned APP Ms. Krishnaiyer on behalf of the State.