1 18..odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPR) NO.275 OF 2023 IN CRIMINAL REVISION APPLICATION NO.179 OF 2023 Sandip s/o Chandrabhan Sarode .Vs. State of Maharashtra Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. K.J. Tople, Advocate for applicant. Mr. A.M. Ghogare, A.P.P. for non-applicant/State. CORAM : MEHROZ K. PATHAN, J. DATE : 21/08/2026 1. Heard Mr. Tople, learned counsel for the applicant. 2. This Court had earlier heard the application for suspension of sentence and has continued the interim relief granted by the Appellate Court while dismissing the appeal filed against his conviction, whereby the applicant was convicted for a period of one year under Sections 452, 323 and 509 of the IPC. 3. The learned counsel for the applicant submits that there is a material discrepancy in the depositions of the witnesses. There are contradictions extracted by the accused in the cross-examination of the witnesses which goes to the root of the matter. Hence, since an arguable case is made out, the appeal was already admitted for final hearing. The applicant was on bail during the trial and was further released on bail after dismissal of the appeal. The applicant is having deep roots in the society. The applicant is not 2026:BHC-NAG:11025 2 18..odt having any criminal antecedents and is further ready to abide by any condition that may be imposed by this Court. The revision filed against the dismissal of the appeal and the conviction of the applicant, is admitted and would take its own time for final disposal. Hence, the applicant may be released on bail by continuing the interim order passed by this Court vide order dated 01.09.2023. 4. As against this, the learned A.P.P. strongly opposes the application for suspension of sentence on the ground that the applicant is alleged of assaulting a young girl of the village. The offence is serious in nature. Taking into consideration the gravity of the offence, the learned convicting Court has denied the benefit of the Probation of Offenders Act to the applicant. The applicant, if released on bail, may again threaten the complainant and other witnesses. Hence, the application may be rejected. 5. I have gone through the depositions of the witnesses relied upon by the prosecution and the reasonings adopted by both the learned Courts below. After going through the reasonings and the material discrepancies in the depositions of the witnesses, prima facie there appears to be some discrepancy and variance in the evidence of the witnesses. Hence, an arguable case is made out. The applicant was already on bail during the trial and the sentence was further suspended after his conviction and dismissal of the appeal. The applicant is not alleged of threatening either the complainant or the witnesses. The apprehension of the learned A.P.P. can be taken care of by 3 18..odt imposing stringent conditions. I am inclined to pass the following order :- ORDER (a) The application for suspension of sentence is allowed. (b) The substantive sentence imposed upon the learned trial court convicting the applicant for a period of one year under Sections 452, 323 and 509 of the IPC is hereby suspended, subject to the applicant furnishing a P.R. bond of Rs.25,000/- with one or two sureties in the like amount. (c) The applicant shall attend the concerned police Station once in every six months, which is commencing from 10.09.2026. (d) The applicant is directed not to tamper with the evidence and shall not threaten the complainant or the witnesses. (e) The applicant shall furnish copies of his Aadhar Card and PAN Card to the Investigating Officer along with his residential address and the names, addresses and mobile numbers of two close relatives. (f) Needless to say, violation of any of the aforesaid conditions may entitle the prosecution to seek cancellation of the bail granted herein above. (g) Application is disposed of accordingly. (MEHROZ K. PATHAN, J.) C.L. Dhakate Signed by: Mr. C.L. Dhakate Designation: PA To Honourable Judge Date: 24/08/2026 19:33:04