MOHAMMAD LATIF SAYYED Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant has challenged the Judgment and order dtd. 25/1/2019 passed by the learned Additional Sessions Judge, Thane, in Sessions Case No.68 of 2016. There were two accused. The Accused No.1 was the Appellant's father who was acquitted from all the charges. The Appellant-Accused No.2 was convicted for commission of the offence punishable U/s.307 of the I.P.C . He was sentenced to suffer R.I. for ten years and to pay a fine of Rs.1.00 lakh and in default to suffer S.I. for six months. Out of the fine amount of Rs.1.00 lakh, Rs.75000.00 were directed to be paid to the injured witness as compensation U/s.357(1) of the Cr.P.C . on realization of the fine amount. The Appellant was acquitted from the charges of commission of the offences punishable U/s.504 of the I.P.C . and U/s.37(1)135 of the Maharashtra Police Act . He was given set off U/s.428 of the Cr.P.C .

(2.) Heard Mr. Aniket Vagal, learned counsel for the Appellant, Mr. Pankaj Devkar, learned APP for the State and Ms. Jahnavi Karnik, learned counsel for the Respondent No.2.

(3.) Learned counsel for the Appellant submitted that the Appellant was arrested on 6/9/2015. He was released on bail on 19/1/2016. After his conviction on 25/1/2019 till today he is in custody. Thus, as of today, he has completed more than six years and ten months of actual imprisonment.