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2023 DAILYLAW 3077 (BOM)

MUKUND S/O RAMESHWAR BHULANGE v. THE STATE OF MAHARASHTRA AND ANOTHER

APPLN/4084/2023 · 2026-09-07

Criminal Appealbody2023

Judgment text

Extracted from the PDF above. The PDF is authoritative.

6(A)-Cri-Apln-4084-2023.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 6 CRIMINAL APPLICATION NO. 4084 OF 2023 IN APEAL/1077/2023 MUKUND S/O RAMESHWAR BHULANGE VERSUS THE STATE OF MAHARASHTRA AND ANOTHER .… Mr. Mahesh P. Kale, Advocate for Applicant Ms A. S. Mantri, APP for Respondent No.1 – State Mr. S. M. Gunjkar h/f Mr. P. N. Kalani, Advocate for Respondent No.2 .… CORAM : ABHAY S. WAGHWASE, J. DATE : 07 September, 2026 PER COURT :- 1. This is an application for suspension of sentence and grant of bail in consequence to the judgment and order of conviction recorded by learned Additional Sessions Judge, Parbhani, in Special Case No.89 of 2021, dated 16.10.2023. 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 3 2026:BHC-AUG:41211 (( 2 )) 6(A)-Cri-Apln-4084-2023 Section 12 of Protection of Children from Sexual Offences (POCSO) Act. 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 the learned counsel for respondent No.2 opposed on the ground that on full fledged trial conviction has been recorded. 4. 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:- O R D E R (i) Criminal Application stands allowed. (ii) The substantive sentence imposed on the applicant Mukund Rameshwar Bhulange, by the learned Additional Sessions Judge, Parbhani, in Special Case No.89 of 2021, dated 16.10.2023, stands suspended till final hearing and disposal of Criminal Appeal No.1077 of 2023. 2 of 3 (( 3 )) 6(A)-Cri-Apln-4084-2023 (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 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. (vi) 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 eventuality, the prosecution would be at liberty to file an application for cancellation of the bail granted to the applicant. (vii) Bail before the trial Court. [ ABHAY S. WAGHWASE, J. ] SMS 3 of 3