1 5.appr.294.2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPR) NO.294 OF 2026 Dilip S/o Ramesh Rathod .Vs. State of Maharashtra Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. Yash P. Bhelande, Advocate for applicant. Ms Prachi Joshi, A.P.P. for respondent/State. CORAM : MEHROZ K. PATHAN, J. DATE : 01/10/2026 1. The application is filed by the applicant for suspension of substantive sentence imposed upon by the learned Judicial Magistrate First Class, Court No.9, Amravati in its judgment and order dated 14.09.2022 in Regular Criminal Case No.1030 of 2014 thereby convicting the applicant for the offence punishable under Section 354A(1)(i) punishable under Section 354A(2) of the Indian Penal Code. 2. Mr. Bhelande, learned counsel for the applicant submits that there is serious discrepancy in the depositions of the victim and her mother. The said discrepancy goes to the root of the matter. There are material improvements made by both the witnesses. The defence taken by the accused is that there was already a petty quarrel between the family of the victim and the applicant, wherein the mother of the victim had also made identical allegations of sexual assault against the brother of the present applicant. The said fact has been ignored by the learned trial Court and which 2026:BHC-NAG:13158 2 5.appr.294.2026.odt has resulted into the wrongful conviction of the applicant. Taking into consideration the improvements made by both the prosecution witnesses, the learned trial Court has already acquitted the applicant for the offence punishable under Sections 323, 341 and 506 of the IPC. There are good grounds raised in the appeal and there is every likelihood that the appeal may succeed. This Court has already admitted the appeal, the same will take its own time for hearing, hence the applicant may be released on bail. The applicant was on bail during trial and was also on bail during pendency of the appeal. However, since the appeal came to be dismissed on 15.09.2026, the applicant who was present before the Appellate Court, was directed to be taken into custody and since then the applicant is behind bars. There are no allegations that the applicant had ever violated any conditions imposed upon while releasing the applicant on bail. The applicant was arrested on 04.03.2016 and was released on the same day on 04.03.2016. The applicant is further ready to abide by any conditions that may be imposed by this Court, hence the applicant may be released on bail. 3. Ms. Prachi Joshi, learned A.P.P. opposed the application and submits that the applicant if released may again threaten the complainant or family members and there is every likelihood that the applicant may also flee away from the hands of justice and may not be available during final hearing. There are good grounds given by both the learned Courts below which has upheld the conviction 3 5.appr.294.2026.odt of the applicant under Section 354 A(1). There is every likelihood that the revision may be dismissed thereby requiring the applicant to undergo the remaining sentence, the application may therefore be rejected. 4. I have gone through the judgment and order dated 14.09.2022 passed by the learned Judicial Magistrate First Class, Court No.9, Amravati as well as the judgment and order dated 15.09.2026 passed by the learned Additional Sessions Judge, Amravati. I have also gone through the testimony of the victim. There are certain improvements which have also been noted by the learned Additional Sessions Judge in the impugned judgment. Be that as it may, these are prima facie observations. Since good grounds are made in the appeal, the appeal is already admitted, the same will take its own time for final disposal. The applicant was already released on bail during trial, the applicant was also released on bail during pendency of the appeal before the learned Additional Sessions Judge, Amravati. There are no allegations of the applicant violating any conditions or any subsequent offences being registered against the applicant for threatening the complainant or a family member. Hence, I am inclined to exercise discretion under Section 430 of the BNSS and pass the following order:- ORDER (a) The application is allowed. (b) The substantive sentence imposed upon the present applicant by judgment and order dated 4 5.appr.294.2026.odt 14.09.2022 passed by the learned Judicial Magistrate First Class, Court No.9, Amravati in Regular Criminal Case. No.1030 of 2014 for the offence punishable under Sections 354 A(1)(i) punishable under Section 354A(2) of the IPC, is hereby suspended subject to the applicant furnishing P.R. bond of Rs.25,000/-, with one solvent surety in the like amount. (c) The applicant shall attend the concerned Police Station once in every six months, commencing from 12.10.2026. (d) The applicant is directed not to tamper with the evidence and shall not threaten the complainant or the witnesses. (e) The applicant shall furnish copies of his Aadhar Card and PAN Card to the Investigating Officer along with his residential address and the names, addresses and mobile numbers of two close relatives. (f) Needless to say, violation of any of the aforesaid conditions may entitle the prosecution to seek cancellation of the bail granted herein above. (g) Application is disposed of accordingly. (MEHROZ K. PATHAN, J.) C.L. Dhakate Signed by: Mr. C.L. Dhakate Designation: PA To Honourable Judge Date: 05/10/2026 18:15:48