1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.265/2009 WITH CRIMINAL APPLICATION NO. 955/2009 Imtiyaj Ejaj Sayyad Appellant Vs. State of Maharashtra Respondent Mr.Girish Agarwal for the appellant Mr.Y.S.Shinde,APP for State CORAM: MRS.MRIDULA BHATKAR,J. DATE : 23rd SEPTEMBER,2009 P.C. . Heard finally by consent. 2] The Criminal Application is preferred for bail. At the time of hearing of the bail application learned counsel for the appellant/applicant/accused has submitted that the accused is not challenging the order of conviction as he was caught red handed . He was arrested on the date of incident i.e.21/4/2007. He was not given bail and now he is convicted for the offence punishable u/s 392 r/w 397 of the Indian Penal Code sentencing to suffer R.I.for 7 years, fine of Rs.500/- i/d to suffer S.I.for one months and also for the offence punishable u/s 452 r/w 34 of the Indian Penal Code to suffer R.I.for tw years,fine of Rs.300/- i./d to suffer S.I.for 15 days. .He only prays that on quantum leniency be shown and that it be considered as the applicant has no other criminal record. 2 3] The learned A.P.P.submits that there are no criminal antecedents and this is the first conviction given to this accused and he has no objection if the matter is decided finally at the stage of admission and as the accused is not challenging the finding of conviction. 4] The judgment , order and finding given by the learned Sessions Judge on the point of conviction is sound and correct. No interference is required in the finding of conviction. On the point of quantum leniency can be shown on the ground that this is the first crime of the accused. Considering that there is no previous criminal record I am inclined to reduce the sentence from 7 years R.I.to 4 years R.I. for the offence punishasble u/s 395 r/w 397 of the Indian Penal Code. No alteration for the sentence for the offence punishable u/s 452 r/w 34 of the Indian Penal Code . Appeal stands disposed of . Bail Application stands disposed of. (MRS.MRIDULA BHATKAR,J.)