909-Cri-Apln-1964-2026.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 909 CRIMINAL APPLICATION NO. 1964 OF 2026 IN APEAL/402/2026 SHAIKH ASHFAK SHAIKH SALIM VERSUS THE STATE OF MAHARASHTRA AND OTHERS .… Ms Harsha R. Lomte, Advocate (Appointed through Legal Aid) for Applicant Mr. V. V. Jahagirdar, APP for Respondent No.1 – State Mr. Aniruddha S. Usmanpurkar, Advocate for Respondent Nos. 2 and 3 .… CORAM : ABHAY S. WAGHWASE, J. DATE : 11 September, 2026 PER COURT :- 1. Heard. This is an application for suspension of sentence and grant of bail in consequence to the judgment and order of conviction recorded by learned District Judge-3 and Additional Sessions Judge, Jalna, District Jalna, in Special Case (Child) No.22 of 2017 dated 07.05.2025. 2. Learned counsel for the applicant submits that the applicant was tried vide above special case and came to be convicted by above judgment and order for the offence under 1 of 4 2026:BHC-AUG:42259 (( 2 )) 909-Cri-Apln-1964-2026 Section 354(D) of I.P.C. Sentence awarded is maximum six months and to pay fine. Fine amount is said to be paid. According to him, applicant was on bail during trial. As the appeal is of 2026, much more time is required to hear the appeal, relief of suspension of sentence and grant of bail is urged for. 3. Learned APP and learned counsel for respondent Nos. 2 and 3 strongly opposed on the ground that on full fledged trial conviction has been recorded. Learned counsel for victim pointed that, both victim and applicant are of same vicinity and there is serious apprehension of misuse of liberty. 4. Learned counsel for applicant submits that, the applicant is currently residing at Hyderabad and therefore, there is no possibility of he coming to the village. 5. After considering the above submissions, taking into account sentence of six months and that appeal is of 2026, may not be heard in near future, relief as prayed deserves to be granted. Hence, the following order:- 2 of 4 (( 3 )) 909-Cri-Apln-1964-2026 O R D E R (i) Criminal Application stands allowed. (ii) The substantive sentence imposed on the applicant Shaikh Ashfak Shaikh Salim, by the learned District Judge-3 and Additional Sessions Judge, Jalna, District Jalna, in Special Case (Child) No.22 of 2017, dated 07.05.2025, stands suspended till final hearing and disposal of Criminal Appeal No.402 of 2026. (iii) The applicant be released on P.R. Bond of Rs.15,000/- (Rupees Fifteen thousand only) with two solvent sureties in the like amount. (iv) The applicant shall not commit any criminal activity. (v) The applicant to note that he shall not misuse the liberty in any manner. (vi) The applicant shall remain present before the learned trial Judge once in six months, till final hearing and disposal of the appeal, commencing from the date he tenders bail papers and thereafter, the trial Judge to fix dates for his subsequent appearances. (vii) In case of two consecutive defaults on the part of the applicant to remain present before the trial Court, the trial Court to inform this Court about the same and in that 3 of 4 (( 4 )) 909-Cri-Apln-1964-2026 eventuality, the prosecution would be at liberty to file an application for cancellation of the bail granted to the applicant. (viii) Bail before the trial Court. [ ABHAY S. WAGHWASE, J. ] SMS 4 of 4