RANU SHERALI SHAIKHversusTHE STATE OF MAHARASHTRA

                                                               36-IA-895-2026.DOC



           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CRIMINAL APPELLATE JURISDICTION
                 INTERIM APPLICATION NO. 895 OF 2026
                                    IN
                         APPEAL NO. 271 OF 2026


Ranu Sherali Shaikh                                               ..Applicant
      Versus
The State of Maharashtra                                       …Respondent

                                 WITH
                 INTERIM APPLICATION NO. 896 OF 2026
                                   IN
                       APPEAL NO. 271 OF 2026


Mr. Vishal Kolekar, Shubham Kadam and Yash Kamble, for the
      Applicant.
Mr. D. J. Haldankar, APP, for the Respondent-State.

                              CORAM:           N. J. JAMADAR, J.
                              DATE :           2nd JULY 2026


P.C.:

APPEAL NO. 271 OF 2026 AND INTERIM APPLICATION NO. 896 OF
2026 (TO ADDUCE ADDITIONAL EVIDENCE IN APPEAL) :


1.      Heard.

2.      Admit.

3.      Issue notice to the Respondent returnable on 23rd July 2026.




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4.    Mr. D.J. Haldankar, the learned APP, waives service of notice for

the Respondent.

5.    Call R & P.

6.    Hearing of the Appeal stands expedited.



INTERIM APPLICATION NO. 895 OF 2026 (FOR SUSPENSION OF
SENTENCE AND BAIL) :


7.    Heard the learned Counsel for the parties.

8.    This is an Application for suspension of sentence imposed by the

learned Sessions Judge, Belapur, by a judgment and order dated 21 st

February 2026 passed in Sessions Case No. 145 of 2025, whereby the

Applicant has been convicted under Rule 6(a) for contravention of Rule

3(a) of the Passport (Entry into India) Rules, 1950, and sentenced to

suffer simple imprisonment for six months and pay fine of Rs.1,000/-,

with default stipulation.

9.    The learned Counsel for the Applicant submits that the Applicant

has deposited the fine of Rs.1,000/-. On account of inadvertence, an

application for release of the Applicant on bail was not filed before the

trial Court.



10.   It was further submitted that, Interim Application No. 896 of

2026 is filed under Section 391 of the Code of Criminal Procedure,


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1973, seeking permission to lead additional evidence in Appeal. The

documents which the Appellant seeks to produce negate the case of the

prosecution. Therefore, the Appellant/Applicant be enlarged on bail

during the pendency of the Appeal.

11.   The Applicant has placed on record documents along with the

Application to lead additional evidence under Section 391 of the Code

of Criminal Procedure, which may have bearing upon the legality and

correctness of the findings recorded by the trial Court.

12.   Mr. D.J. Haldankar, the learned APP, countered the submissions

made on behalf of the Applicant. Inviting attention of the Court to the

clause (4) of the impugned order, whereby the police has been directed

to take necessary steps for deportation of the Applicant-Accused to

Bangladesh, it was submitted that if the Applicant is released on bail

during the pendency of the Appeal, the Applicant will not be available

for the final hearing of the Appeal.

13.   The Court finds that the Applicant (A3) has undergone detention

as an under-trial prisoner for the period from 13 th October 2023 to 21st

October 2023, and she has been taken in custody for undergoing the

sentence on the date of the pronouncement of the judgment i.e. 21 st

February 2026. The Applicant has thus undergone almost four months

and 20 days imprisonment. It is unlikely that the Appeal can be taken

up for hearing and final disposal in the near future.


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14.    In these circumstances, if the sentence is not suspended, the

Appeal may be rendered infructuous.

15.    For the foregoing reasons, the Court is inclined to suspend the

sentence and enlarge the Applicant on bail.

16.    Hence, the following order:

                              :ORDER:

      (i)    The IA/895/2026 stands allowed.

      (ii)   The substantive sentence of the Applicant Ranu

      Sherali Shaikh, imposed by the Additional Sessions Judge,

      Belapur, in Sessions Case No. 145 of 2025, arising out of CR

      No. I-383/2023 registered with APMC Police Station, stands

      suspended till final disposal of the Appeal on the following

      conditions:

      (a)    The Applicant shall furnish a PR Bond in the sum of

      Rs.15,000/- and a surety in the like amount, to the

      satisfaction of the learned Sessions Judge.

      (b)    The Applicant shall regularly attend the proceedings

      in this Appeal.

      Application disposed.



                                              [N. J. JAMADAR, J.]




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