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2021 Supreme(Bom) 111

SANDEEP K.SHINDE
Karim Abdul Shaikh – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Appellants:Pawan Mali, Advocate appointed alongwith Nagesh Chavan, Advocate
For the Respondent: S.R. Agarkar, APP.

JUDGMENT :

1. The appellants-original accused nos.1 and 2 have questioned the correctness of judgment and order dated 26th February, 2016 passed by the learned Additional Sessions Judge, Greater Bombay in Sessions Case No.872/2013.

2. Accused no.1, Karim Abdul Shaikh is convicted of the offence punishable under Section 489-B of the Indian Penal Code and sentenced, him to suffer rigorous imprisonment for 5 years and pay fine of Rs.2,000/- with default stipulation. He has been also convicted of the offence punishable under Section 489-C of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for 3 years and fine of Rs.3,000/- with default stipulation. However, both the sentences were directed to run concurrently.

3. Accused no.2-Rahul Gupta has been convicted for the offence punishable under Section Section 489-C of the Indian Penal Code and sentenced to suffer rigorous imprisonment for 3 years and fine of Rs.2,000/- with default stipulation.

4. Pending trial, accused no.2-Mohammad Pintu Shaikh, passed away and therefore the case abates against him.

5. Pending trial, accused no.4, as it appears was discharged by the learned trial Court.

6. Prosecution’s case in brief is

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