922-IA-2701-2025.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2701 OF 2025 IN CRIMINAL APPEAL NO. 755 OF 2025 Sandip Vishnu Hajgulkar ...Applicant Versus The State of Maharashtra And Anr. ...Respondents ---- Mr. H. S. Kazi (through VC) a/w Prasad Nagargoje a/w Abhay Jadhavar, Advocate for the Applicant. Mr. R. S. Alange, Advocate for the Respondent No. 2. Mrs. S. N. Deshmukh, APP for the Respondent – State. ------- CORAM : ASHWIN D. BHOBE, J. DATE : 2nd September, 2026. P.C. : 1. Heard Mr. H. S. Kazi, learned Advocate for the Applicant, Mr. R. S. Alange, learned Advocate for the Respondent No. 2 and Mrs. S. N. Deshmukh, learned APP for the Respondent – State. 2. By the present Interim Application, the Applicant has sought the following substantive relief in terms of prayer clauses (a) and (b) :- (a) Pending hearing and final disposal of the above said Appeal this Hon'ble Court may be pleased to suspend the sentence of imprisonment passed by the Ld. Addl.Sessions Judge, Gadhinglaj vide Judgement and Order dated 06.05.2025 in Special Case No. 20 of 2020 and release the Applicant on bail on such terms and conditions as this Hon'ble Court may deems fit Arjun 1 922-IA-2701-2025.doc and proper in the interest of justice and in the facts and circumstances of this case; (b) Suspend the sentence and release the Applicant on bail during the pendency of the appeal; 3. By the Judgment and order dated 06.05.2025 passed by the Trial Court in Special Case No. 20 of 2022 , the Applicant is convicted of offences punishable under Section 376(2)(n) of the Indian Penal Code, 1860 and Sections 4, 8 and 12 of the Protection of Children from Sexual Offences Act, 2012. The Applicant is acquitted of offences punishable under Sections 363 and 376(2)(j) of the Indian Penal Code, 1860. 4. Mr. H. S. Kazi, learned Advocate for the Applicant, submits that the Applicant (aged 24 years at the time of the offence) and the Victim – Respondent No. 2 (aged 16 years and 5 months on the date of the offence) were in a romantic relationship. He submits that the criminal complaint was filed only because of objections raised by the family members of Respondent No. 2 – the Victim. He refers to the observations and findings of the Trial Court in paragraph No. 7, wherein the Trial Court noted from the deposition of Respondent No. 2 – the Victim that she and the Applicant were in a love relationship and even stayed together in a rented room for a period of 6 months. Arjun 2 922-IA-2701-2025.doc 5. Prima facie, a perusal of the impugned Judgment and order dated 06.05.2025, in the context of the grounds raised by the Applicant in the memo of the Appeal, indicates that the Applicant has a fair chance of succeeding on merits. 6. Mr. H. S. Kazi, learned Advocate for the Applicant, states that during the pendency of Special Case No. 20 of 2022, the Applicant was on bail, has abided by the bail conditions and there are no allegations against the Applicant of having violated any of the bail conditions. 7. The accompanying Criminal Appeal No. 755 of 2025 is admitted on 23.07.2025. 8. In view of the above, the Applicant has made out a case for indulgence in this Application. This Application is allowed on the following conditions: (a) The substantive sentence imposed on the Applicant vide the impugned Judgment and order dated 06.05.2025 passed in Special Case No. 20 of 2022 shall stand stayed, pending the disposal of Criminal Appeal No. 755 of 2025. Arjun 3 922-IA-2701-2025.doc (b) The Applicant is directed to be released on bail in connection with the offence which is subject matter of Special Case No. 20 of 2022, 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 Additional Sessions Judge, Gadhinglaj. (c) The Applicant shall appear before this Court whenever Criminal Appeal No. 755 of 2025 is listed on the Cause List of this Court. (d) The Applicant shall deposit the fine amount of Rs. 22,500/- (Rupees Twenty Two Thousand and Five Hundred Only) imposed by the Judgment and Order dated 06.05.2025, before the Additional Sessions Judge, Gadhinglaj, within a period of four (4) weeks from today. 9. Interim Application No. 2701 of 2025 is disposed of. (ASHWIN D. BHOBE, J.) Arjun 4 ARJUN KRISHNA RODGE Digitally signed by ARJUN KRISHNA RODGE Date: 2026.09.04 14:58:17 +0530