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Bombay High Court

FIROZ RAFIYODDIN BHISTIversusSHAIKH SHAKIL SHAIKH ASLAM KHATIK AND ANOTHER

Disposal
DISPOSED OFF

Holding

The Court suspended the substantive sentence and ordered the applicant's release on a personal bond, subject to further fine payment, pending the final decision on the revision.

Summary

The applicant, Firoz Rafiyoddin Bhisti, filed a criminal revision seeking suspension of the substantive sentence imposed by the Judicial Magistrate First Class, Jalgaon on 23-02-2024 and confirmed by the Additional Sessions Judge on 27-08-2026. The applicant argued that he was on bail, had not misused his liberty, and had already deposited a fine of Rs.80,000, offering to deposit an additional Rs.50,000 within a week. The Court, after considering the submissions, ordered that the sentence be suspended pending the final decision on the revision, provided the applicant deposits the further Rs.50,000 and furnishes a personal bond of Rs.25,000 with an equal surety. The applicant was directed to be released on the bond. The Court also directed issuance of notice to the respondents, which the appellant waived, and set the return date for 07-10-2026.

Issues considered

  • Whether the substantive sentence imposed by the JMFC and confirmed by the Sessions Judge should be suspended pending the outcome of the revision application
  • Whether the applicant has complied with bail conditions and is eligible for release on bond

Subjects

  • revision
  • suspension of sentence
  • bail
  • personal bond
  • criminal procedure

Judgment

                                (1)                906criapln3751.26




      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                BENCH AT AURANGABAD

            CRIMINAL APPLICATION NO. 3751 OF 2026
                      IN REVN/302/2026
                      Firoz Rafiyoddin Bhisti
                                                        .....Applicant
                               VERSUS

          Shaikh Shakil Shaikh Aslam Khatik And Another
                                                   .....Respondent

Mr. H. P. Randhir, Advocate for the Applicant
Mr. V. M. Lomte, APP for the respondents/State

                       CORAM : SUSHIL M. GHODESWAR, J.
                          DATE : 09th SEPTEMBER, 2026


PER COURT :

1.          This is an application for suspension of the substantive

sentence awarded by judgment and order dated 23-02-2024 passed by

the learned Judicial Magistrate First Class, Jalgaon in Summary

Criminal Case No. 3214/2018.

2.          Learned Advocate for the Applicant submits that there are

strong and valid grounds in the instant Revision Application. The

Applicant is challenging the conviction order dated 23-02-2024 passed

by the learned JMFC as well as the order passed by the learned

Additional Sessions Judge dated 27-08-2026 in Criminal Appeal No.

36/2024. Learned Advocate for the Applicant submits that during


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pendency of the aforesaid proceeding the Applicant was on bail and

has not misused the liberty. In pursuance of the order passed by the

learned Sessions Court, the Applicant has deposited the fine amount of

Rs.80,000/-. Now, he is willing to deposit Rs.50,000/- more within a

period of one week. Hence, subject to deposit of amount of

Rs.50,000/- the substantive sentence imposed by the learned JMFC,

Jalgaon by order dated 23-02-2024 and confirmed by the learned

Sessions Judge, Jalgaon by judgment and order dated 27-08-2026 is

hereby suspended till the final decision on the instant revision

application. The Applicant be released on furnishing PR bond of

Rs.25,000/- with one surety in the like amount before the learned trial

Court.

                Criminal Revision Application No. 302 of 2026

1.               Issue notice to the Respondents, returnable on 07-10-

2026. The learned APP waives service of notice for the

respondents/State.

2.               Call R & P.



                                  [SUSHIL M. GHODESWAR, J. ]
VishalK/906criapln3751.26




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