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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 :
2. Leave granted.
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.
6. We have heard learned senior counsel in support of the appellant and learned counsel for the respondent-State and perused the counter affidavit filed by the respondent-State.
8. Learned senior counsel drew our attention to the order dated 22.10.2024 of the Bombay High Court, Aurangabad Bench in Criminal Appeal No.426/2024 in support of his submission. It was also brought to our notice that this Court
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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