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2023 Supreme(Bom) 494

REVATI MOHITE DERE, GAURI GODSE
Afroz Khan Shahid Khan Pathan – Appellant
Versus
State of Maharashtra Through ATS – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Mubin Solkar with Mr. Tahir Hussain i/b Ms. Tahera Qureshi
For the Respondent:Mr. Raja Thakare, Sr. Advocate, Spl. P.P. a/w Ms. S. S. Kaushik, A.P.P and Mr. Siddharth Jagushte, PI Mr. Prashant Mohite from ATS, Mumbai, is present

ORDER :

Revati Mohite Dere, J.

1. Heard learned counsel for the parties.

2. By this application, the applicant seeks suspension of his sentence and enlargement on bail, pending the hearing and final disposal of his aforesaid appeal.

3. The applicant vide judgment and order dated 28th July 2016, passed by the learned Special Judge, under MCOCA, has been convicted alongwith other co-accused for the offences punishable under Sections 10(a), 13, 18, 20, 38, 39 of the Unlawful Activities (Prevention) Act (`UAPA’) and sentenced as under:

- for the offences punishable under Sections 18 and 20 of the UAPA, to suffer rigorous imprisonment for life and to pay fine of Rs.20,000/- in default, to suffer simple imprisonment for 1 year;

- for the offence punishable under Section 120B of the Indian Penal Code (`IPC’), in view of the sentence imposed for the above offences, no separate sentence is awarded;

As far as offences punishable under Sections 16, 23 of the UAPA, Sections 25(1A), 25(1AA), 25(1B)(a), 26 r/w Sections 7 and 27 of the Arms Act; Sections 4(b)(ii) and 5(b), 6 of the Explosive Substance Act; Section 9B(a)(b) of the Explosives Act and Sections 3(2), 3(1)(ii) and 3(4) of the Maharashtra Con

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