23.apeal.426.25 1/4 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application [APPA] No.747 of 2025 in Criminal Appeal No.426 of 2025 Ankush Nandu Solanke and another vs. The State of Maharashtra, through Police Station Officer, Pathrot, Tq. Achalpur, Dist. Amravati =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court’s or Judge’s Orders or directions and Registrar’s orders. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Mr. D.S. Khushalani, Advocate for the Applicants/Appellants. Mr. G.S. Umale, A.P.P. for Non-Applicant/Respondent No.1. Mrs. Kirti Deshpande, Advocate (Appointed) for Non-Appicant/Respondent No.2. CORAM : Y.G. KHOBRAGADE, J. DATE : 8 th SEPTEMBER, 2 026. Heard the learned Counsel appearing for the applicants, the learned A.P.P. appearing for the State and the learned Counsel appearing for non-applicant No.2. 02. By the present application filed under Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘the BNSS’), the applicants/accused seek suspension of the sentences awarded by the learned Additional Sessions Judge, Court No.2, Achalpur, vide judgment and order dated 24/04/2023 in Special Case No.214/2020. 03. It is a matter of record that, on 24/04/2023, the learned Additional Sessions Judge, Achalpur, passed the judgment and order in Special Case No.214/2020 and convicted both the applicants for the offences punishable under Sections 376(D), 376(2)(l) and 506 of the Indian Penal Code and Section 92(d) of the Rights of Persons with Disabilities Act, 2016. Both the applicants were sentenced to suffer the maximum sentence of twelve years along with appropriate fine for the respective offences. 2026:BHC-NAG:11902 23.apeal.426.25 2/4 04. The learned Counsel appearing for non-applicant No.2 has filed an affidavit-in-reply stating therein that, during the pendency of the present appeal, on 21/05/2026, applicant No.2-Radheshyam s/o Shivaji Chavhan married to non-applicant No.2/victim at Arya Samaj Mandir, Pathrot. Non-applicant No.2 has also produced a copy of the marriage certificate, dated 21/05/2026, issued by Arya Samaj Mandir, Pathrot. She has raised no objection for suspension of sentences and releasing the applicants on bail. 05. The affidavit-in-reply filed by non-applicant No.2 in a sealed envelope is taken on record. This Court has also interacted with non- applicant No.2, who was accompanied by her mother. She has stated that the marriage ceremony was performed at Arya Samaj Mandir, Pathrot. 06. The learned Counsel appearing for the applicants has placed reliance upon the judgment of the Hon’ble Supreme Court in the case of K. Kirubakarn vs. State of Tamil Nadu, reported in AIR Online 2025 SC 1174, wherein the appellant/accused was convicted for the offences punishable under Section 366 of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences Act (for short, ‘the POCSO Act’) and was sentenced to suffer rigorous imprisonment for five years and ten years, respectively. During the pendency of the appeal, the accused married the victim and they were blessed with a child and were happily residing together. In those circumstances, the Madras High Court quashed the order of conviction and sentence. 07. In the case in hand, it prima facie appears from the evidence on record that the victim is unable to see anything from some distance. The incident took place sometime in the year 2020 during the Pola Festival. At the time of the incident, PW-3, the mother of the victim, called the victim loudly. Thereafter, the victim was found coming on the road from the front of her house while weeping. On being enquired, the victim disclosed that applicant No.1-Ankush Nandu Solanke had used 23.apeal.426.25 3/4 force against her, touched her chest, private parts and threatened her not to disclose the incident to anyone. Thereafter, applicant No.2- Radheshyam committed rape upon her. 08. After considering the testimony of the witnesses as well as the medical evidence, the learned trial Court passed the impugned judgment, wherein it convicted both the applicants. However, during the pendency of the appeal and subsequent to the impugned judgment and order, applicant No.2 and non-applicant No.2 got married. 09. Considering the aforesaid subsequent development and the peculiar facts and circumstances of the case, I am of the view that it would be just and proper to suspend the substantive sentences imposed upon the applicants and release them on bail during the pendency of the appeal. Hence, the following order is passed: O R D E R i. Criminal Application No.747 of 2025 is hereby allowed. ii. The substantive sentences awarded to the applicants by the learned Additional Sessions Judge, Court No.2, Achalpur, vide judgment and order dated 24/04/2023 in Special Case No.214/2020, are hereby suspended during the pendency of the appeal. iii. Applicant No.1-Ankush Nandu Solanke and applicant No.2- Radheshyam s/o Shivaji Chavhan are directed to be released on bail on furnishing P.R. Bond in the sum of Rs.25,000/- (Rupees Twenty-Five Thousand Only) each, with two solvent sureties each in the like amount, in connection with Crime No.281/2020 registered with Police Station Pathrot, Tahsil Achalpur, District Amravati, before the learned trial Court. iv. Both the applicants shall attend Police Station Pathrot, Tahsil Achalpur, District Amravati, once in every month, i.e. on the 23.apeal.426.25 4/4 10th day of every month, until further orders. v. The applicants shall not change their respective addresses without prior permission of the Investigating Officer. vi. The applicants shall not tamper with the prosecution evidence or influence the prosecution witnesses in any manner. vii. The applicants shall furnish their current addresses and mobile telephone numbers to the concerned Police Station and shall keep the same operational during the pendency of the appeal. viii. The application stands disposed of in the aforesaid terms. JUDGE *sandesh Signed by: Mr. Sandesh Waghmare Designation: PS To Honourable Judge Date: 08/09/2026 19:05:18