Cri-Apln-3685-2023.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3685 OF 2023 IN APEAL/901/2023 SACHIN NAMDEO JADHAV VERSUS THE STATE OF MAHARASHTRA AND ANOTHER .… Mr. Sudarshan J. Salunke, Advocate for Applicant Mr. S. M. Ganachari, APP for Respondent No.1 - State Mr. Kedar Ashok Pathade, Advocate (Appointed) for Respondent No.2 .… CORAM : ABHAY S. WAGHWASE, J. RESERVED ON PRONOUNCED ON : : 28 September, 2026 29 September, 2026 O R D E R :- 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 Special Judge, POCSO Court, Court No.2, Ahmednagar, dated 05.09.2023 in Special Case No.120 of 2022. 2. Learned counsel for applicant submits that the applicant was tried vide above special case and came to be 1 of 4 2026:BHC-AUG:44133 (( 2 )) Cri-Apln-3685-2023 convicted vide above judgment and order for the offence under Sections 7/8 and 11(4)/12 of the Protection of Children from Sexual Offences Act and under Sections 341 and 506 of I.P.C. The applicant has been sentenced to suffer three years imprisonment. It is pointed out that this Court had already suspended sentence of the applicant by order dated 12.10.2023 and the said order is still in force. There are no criminal antecedents and moreover, the applicant has acquired the job recently. It is pointed out that even the victim is now married. As appeal is of 2023, may not be heard in near future, relief of suspension of sentence and grant of bail is urged for. 3. Learned APP as well as learned counsel for respondent No.2 opposed on the ground that on full fledged trial conviction has been recorded. Moreover, occurrence is not a solitary incident and the applicant has indulged in the said act multiple times. There is eye witness account. Therefore, for such reasons the applicant does not deserve relief for suspension of sentence and grant of bail. 4. After hearing the above submissions and going through the record, the applicant is convicted for the offence under Sections 7/8 and 11(4)/12 of the Protection of Children from Sexual Offences 2 of 4 (( 3 )) Cri-Apln-3685-2023 Act and under Sections 341 and 506 of I.P.C. Maximum sentence awarded is of three years imprisonment. On going through the record, it shows that, when the victim was returning back to the house on bicycle, accused obstructed her way, pulled her hand and thereafter outraged her modesty. Appeal is of 2023, may not be heard in immediate near future. Applicant was said to be on bail during trial. Moreover, this Court had already suspended the sentence vide order dated 12.10.2023. Since then there is no misuse of liberty nor there is any adverse remark. In light of above discussion, as there are no prospects of hearing the appeal 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) Interim relief granted by this Court on 12.10.2023, is hereby confirmed. (iii) The applicant shall not commit any criminal activity. (iv) 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. 3 of 4 (( 4 )) Cri-Apln-3685-2023 (v) 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. (vi) Fees of learned counsel Mr. Kedar Ashok Pathade, appointed for respondent No.2, be paid by the High Court Legal Services Sub-Comittee, Aurangabad, as per Rules. [ ABHAY S. WAGHWASE, J. ] SMS 4 of 4