Bombay High Court
ALFAZ FIROZ MULLAversusTHE STATE OF MAHARASHTRA
- Disposal
- Allowed
Holding
The High Court suspended the sentence awarded by the Additional Sessions Judge and ordered the applicant’s release on bail pending appeal.
Summary
Alfaz Firoz Mulla was convicted by the Additional Sessions Judge, Islampur, in Sessions Case No. 14 of 2024 for an offence under Section 307 read with Section 34 of the Indian Penal Code and sentenced to three years’ rigorous imprisonment and a fine. He filed an interim application seeking suspension of the sentence pending his appeal, arguing that the trial court’s judgment was contrary to law and evidence. The State contended that the prosecution had proved the case beyond reasonable doubt and that the trial court’s order was well‑reasoned. The High Court, after hearing both sides, noted that the sentence was short‑term and that the appeal would likely take a considerable time, and therefore found merit in the applicant’s request. The Court allowed the interim application, suspended the sentence, granted bail on a bond of Rs.25,000 with a surety, and directed the applicant to appear before the Sessions Court every three months.
Issues considered
- Whether the sentence imposed in the trial court should be suspended pending the disposal of the appeal
Legislation cited
- Indian Penal Code, 1860 — s. 307, 34
Subjects
- suspension of sentence
- interim application
- IPC 307
- IPC 34
- bail
- criminal appeal
- short-term sentence
Judgment
914-IA-306-2026 (CR).doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 306 OF 2026
IN
CR. APPEAL NO. 118 OF 2026
Alfaz Firoz Mulla
VERSUS
The State of Maharashtra
...
Mr. Umesh H. Pawar, Advocate for Applicant.
Mr. Nitin. B. Patil, APP for the Respondent-State.
...
CORAM : SACHIN S. DESHMUKH, J.
DATE : 8th MAY, 2026
P. C. :
1. Heard learned counsel for the applicant and learned APP for
the State.
2. By this application the applicant is seeking suspension of
sentence imposed upon him by the learned Additional Sessions
Judge, Islampur in Sessions Case No. 14 of 2024, dated 23.04.2026
for offence punishable under Section 307 read with Section 34 of
the Indian Penal Code and sentenced to suffer rigorous
imprisonment for three years and to pay fine of Rs. 2,000/-, in
default simple imprisonment for three months.
Digitally
signed by
SAJAKALI
SAJAKALI LIYAKAT
LIYAKAT JAMADAR
JAMADAR Date:
2026.05.08
15:40:10
+0530
Sajakali Jamadar 1 of 3
914-IA-306-2026 (CR).doc
3. Learned counsel for the applicant submits that the trial court's
judgment is contrary to the law and the evidence on record. It is
contended that the court erred in convicting the applicant. Hence,
the impugned order is liable to be quashed and set aside.
4. It is contention of learned APP that prosecution has proved
the case beyond reasonable doubt. The learned trial Court has
rendered a well reasoned order and no interference is required in it.
Hence, prayed to reject the application.
5. Having heard both learned counsel and perused the impugned
judgment, I find that certain plausible grounds are raised by the
Applicant and considering that the applicant is awarded a short-
term sentence, coupled with the fact that disposal of the Appeal may
take a considerable period, the sentence deserves to be suspended.
Hence, the order :
ORDER
(i) The Interim Application is allowed.
(ii) The sentence awarded in judgment and order rendered by the
the learned Additional Sessions Judge, Islampur in Sessions
Case No. 14 of 2024, dated 23.04.2026, is hereby suspended.
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914-IA-306-2026 (CR).doc
(iii) The applicant/accused be enlarged on bail on furnishing PR
Bond in the sum of Rs.25,000/- (Rs.Twenty Five Thousand),
and one solvent surety, in the like amount, before the learned
Additional Sessions Judge, Islampur.
(iv) Applicant shall mark presence before the concerned Sessions
Court, once in three months on the date assigned by the
concerned Court.
(v) The interim application is disposed of accordingly.
[SACHIN S. DESHMUKH, J.]
Sajakali Jamadar 3 of 3
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