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B. V. NAGARATHNA, SATISH CHANDRA SHARMA
Hasan Amir Raje – Appellant
Versus
State Of Maharashtra – Respondent
| Table of Content |
|---|
| 1. appeal processes and procedural orders defined. (Para 1 , 2 , 3) |
| 2. conviction details of the appellant. (Para 4 , 5) |
| 3. court's reasoning for bail application. (Para 6 , 9 , 11) |
| 4. arguments for and against bail suspension. (Para 7 , 8 , 10) |
| 5. order granting bail to appellant. (Para 12) |
ORDER :
1. Delay condoned.
2. Leave granted.
3. This appeal challenges the order dated 10.05.2024 passed by the High Court of Judicature at Bombay, Bench at Aurangabad in Criminal Application No.1752 of 2024 in Criminal Appeal No.401 of 2024.
4. The appellant was convicted and sentenced vide order dated 10.04.2024 by the Additional Sessions Judge, at Ahmednagar in Sessions (MPID) Case No. 323/2011 under Sections 177 , 406, 409, 420, 465, 467, 471 read with Section 120-B of the INDIAN PENAL CODE , 1860 ("IPC") along with Section 3 of the MPID ACT . The appellant was sentenced to undergo rigorous imprisonment concurrently for aforementioned offences with the maximum period of imprisonment of ten years.
5. Being aggrieved by the order of the Trial Court dated 10.04.2024, the appellant approached the High Court of Judicature at Bombay, Aurangabad by filing Criminal Appeal No.401 of 2024. Duri
The court determines that bail should be granted pending appeal where there is a considerable delay in proceedings and the sentenced term is not life imprisonment.
The court granted bail pending appeal, emphasizing the right to appeal and the potential injustice of prolonged incarceration if the conviction is later overturned.
The High Court's denial of suspension of sentence was unjustified given the appellant's lengthy imprisonment and the need for timely appeal consideration.
The Court emphasized that in cases where the maximum sentence is relatively short and the appeal is likely to take time to be heard, the absence of adverse reasons can be compelling reasons for the s....
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