JAVED AKHTAR BASIULLA ANSARI vs THE STATE OF MAHARASHTRA

Judgment text excerpt

2-apeal-296-2017-J.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 296 OF 2017 WITH INTERIM APPLICATION NO. 5098 OF 2024 Javed Akhtar Basiulla Ansari, Age 28 eyars, Occupation : Labour Work, R/at: Khandupada, Bhiwandi, District : Thane. …..Appellant Vs. The State of Maharashtra, At the instance of Bhiwandi City Police Station, District : Thane, Vide C.R.No.I-232 of 2013, Tried in Sessions Case No. 248/2014. …..Respondent Mr. B. A. Lawate, for the Appellant. Mr. Ashish I. Satpute, APP, for Respondent-State. CORAM : REVATI MOHITE DERE & DR. NEELA GOKHALE, JJ. RESERVED ON : 23rd APRIL 2025. PRONOUNCED ON : 30th APRIL 2025. JUDGMENT :- (Per Dr. Neela Gokhale, J.) 1. The Appellant assails the Judgment and Order dated 7 th February 2017 passed by the Additional Sessions Judge-3, Thane in Sessions Case No.248 of 2014. By the impugned Judgment and Order, the Appellant is convicted for the offence punishable under Sections Shivgan 1/16 2-apeal-296-2017-J.doc 364A and 386 of the Indian Penal Code, (‘IPC’) 1860. For the offence punishable under Section 364A of the IPC, he is sentenced to suffer life imprisonment and pay a fine of Rs.1000/- in default of which suffer rigorous imprisonment (‘RI’) for two months. For the offence punishable under Section 386 of the IPC, he is sentenced to suffer RI for five years and pay fine of Rs.500/- in default of which to suffer one month of RI. Both the sentences are to run concurrently. He is also held entitled for set off for the period of detention already undergone. The Appellant is acquitted for the offence punishable under Section 25(1)(c)(1-a) of the Arms Act, 1959 and 37(1)135 of the Bombay Police Act, 1951. The said acquittal is on account of absence of the sanction to prosecute him unde