926-IA-3633-2025.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3633 OF 2025 IN CRIMINAL APPEAL NO. 959 OF 2025 Laxman Vishnu Sargar ...Applicant Versus. The State of Maharashtra And Anr. ...Respondents ----- Ms. Poonam Dhotre a/w Kedar Lad, Rutik Kashid i/b Prabhakar Jadhav (Through VC), Advocate for the Applicant. Mr. Sachin Bhavar, Advocate for the Respondent No. 2. Mr. C. D. Mali, APP for the Respondent – State. ------- CORAM : ASHWIN D. BHOBE, J. DATE : 2nd September, 2026. P.C. : 1. Heard, Ms. Poonam Dhotre, learned Advocate for the Applicant, Mr. C. D. Mali, learned APP for the Respondent – State and Mr. Sachin Bhavar, learned Advocate for the Respondent No. 2. 2. By this Application, the Applicant has sought the following substantive relief in terms of prayer clauses (a) and (b) :- (a) Pending the hearing and final disposal of the above Criminal Appeal against the Judgment and Order dated 04.11.2025 passed by the Learned Special Judge, Malshiras in Spl. POCSO Case No.84 of 2018, the Applicant be released on bail, on such terms and conditions as this Honourable Court may deems fit and proper in the facts and circumstances of the Arjun 1 926-IA-3633-2025.doc case; (b) pending the hearing and final disposal of the above Criminal Appeal, this Honourable Court be pleased to suspend the sentence of Judgment and Order dated 04.11.2025 passed by the Learned Special Judge, Malshiras in Spl. POCSO Case No.84 of 2018; 3. By Judgment and Order dated 04.11.2025, the Special Judge and Additional Sessions Judge, Malshiras (“Trial Court”), has convicted the Applicant in Spl. POCSO Case No. 84 of 2018 of offences punishable under Sections 354A(1)(ii) and 354B read with Section 506 of the Indian Penal Code, 1860. The Applicant is further convicted of offences punishable under Sections 3(1)(w)(ii) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and a sentence of 3 years is imposed. Sentences are ordered to run concurrently. 4. Ms. Poonam Dhotre, learned Advocate for the Applicant, states that during the pendency of Special Case (POCSO) No. 84 of 2018, the Applicant was on bail and abided by the bail conditions. She submits that after the conviction and sentence, the Trial Court stayed the sentence on 04.11.2025. She further submits that the order dated 04.11.2025 was continued by this Court vide order dated 22.12.2025. Arjun 2 926-IA-3633-2025.doc 5. The Criminal Appeal No. 959 of 2025, filed by the Applicant against the Judgment and Order dated 04.11.2025 in Spl. POCSO Case No. 84 of 2018, is admitted today. 6. Mr. C. D. Mali, learned APP and Mr. Sachin Bhavar, learned Advocate for the Respondent No. 2, submit that the Applicant was on bail during the trial and the Applicant has been granted an interim order on 22.12.2025, which continues as on date. They leave the matter to the Court. 7. A perusal of the impugned Judgment and Order dated 04.11.2025 in Spl. POCSO Case No. 84 of 2018, in the context of the grounds raised in the Appeal Memo, prima facie indicates that the Applicant has a fair chance of succeeding on merits. 8. Considering that the sentence imposed is three (3) years, which was stayed by the Trial Court vide order dated 04.11.2025 till 03.01.2026, that this Court continued the stay vide order dated 22.12.2025 and there being no allegations that the Applicant has violated any of the bail conditions or failed to appear before the Trial Court, I deem it fit and proper to continue and confirm the order dated 22.12.2025 passed by this Court and allow this Application on the Arjun 3 926-IA-3633-2025.doc following conditions :- (a) The sentence imposed by the Judgment and order dated 04.11.2025 in Special Case (POCSO) No. 84 of 2018 is suspended pending the disposal of Criminal Appeal No. 959 of 2025. (b) The Applicant is to be released on bail in connection with the subject matter of Special Case (POCSO) No. 84 of 2018 upon furnishing a P.R. Bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) with one or two sureties, in the like amount, to the satisfaction of the Special Judge and Additional Sessions Judge, Malshiras. (c) The Applicant shall appear before this Court as and when Criminal Appeal No. 959 of 2025 is listed on the Cause List of this Court. 9. Interim Application No. 3633 of 2025 is allowed and disposed of. (ASHWIN D. BHOBE, J.) Arjun 4 ARJUN KRISHNA RODGE Digitally signed by ARJUN KRISHNA RODGE Date: 2026.09.04 15:06:03 +0530