1 4.appr.291.2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPR) NO.291 OF 2026 Angad Kantuji Shejav .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. P.A. Kadu, Advocate for applicant. Ms Ritu Sharma, Advocate for respondent. CORAM : MEHROZ K. PATHAN, J. DATE : 01/10/2026 1. The application is filed for the suspension of the substantive sentence imposed upon the applicant. 2. Mr. Kadu, learned counsel for the applicant submits that a simple domestic quarrel has been turned into an allegation of sexual assault by falsely implicating the present applicant in the said crime. Applicant’s wife and the victim had domestic quarrel, as they live in the neighbourhood. The cross-examination conducted by the applicant to the victim is not considered in its right perspective by the learned trial Court, which has resulted in wrongful conviction of the applicant. There are good grounds raised in the appeal and there is every likelihood that the appeal may succeed and the applicant may be acquitted of the offence punishable under Sections 354 and 452 of the Indian Penal Code. The applicant was on bail during trial. The applicant was also on bail during the pendency of the appeal. There are no allegations that any violation of the condition imposed upon by the present 2026:BHC-NAG:13166 2 4.appr.291.2026.odt applicant. The applicant is further ready to abide by any condition that may be imposed by this Court. Hence, the application may be allowed by suspending the sentence and the applicant may be released on bail. 3. As against this, Ms. Sharma, learned A.P.P. strongly opposed the bail application and submits that there are serious allegations of the applicant committing a sexual assault on a married woman who is living in the neighbourhood. Even though the Appellate Court have set aside the conviction of the applicant under Section 354-A, the conviction under Sections 354 and 452 of the I.P.C. is still maintained. The applicant has hardly undergone two days as an undertrial prisoner and there are good grounds stated by both the learned Courts below wherein the conviction of the applicant could be upheld and the applicant would be required to undergo the remaining sentence of one year. The applicant, if released on bail, may again threaten the victim or her family members, as they live in the neighbourhood. Thus, this is not a fit case to release the applicant on bail and the same may be rejected. 4. I have gone through the judgment and order dated 09.09.2024 passed by the learned Judicial Magistrate First Class, Court No.1, Daryapur, in R.C.C. No.89 of 2018 as well as the judgment and order dated 21.09.2026 passed by the learned Additional Sessions Judge-2, Daryapur, in Criminal Appeal No.33 of 2025 and also the testimony of the victim. The accused/applicant has examined one defence witness, Sarita, which prima appears to have caused 3 4.appr.291.2026.odt a dent in the prosecution case, hence, good grounds are raised in the appeal, which may be considered by this Court. The appeal is already admitted and will take its own time for disposal. The applicant was already on bail during trial and also during pendency of appeal, the applicant was arrested on 30.09.2018 and was released on bail on 01.10.2018. There are no allegations that the applicant has violated any conditions. The apprehension of the learned A.P.P. can be taken care of by imposing appropriate conditions. Hence, I am inclined to exercise discretion under Section 430 of the BNSS and pass the following order :- ORDER (a) The criminal application is allowed. (b) The substantive sentence imposed upon the applicant vide judgment and order dated 21.09.2026 passed by the learned Additional Sessions Judge-2, Daryapur, in Criminal Appeal No.33 of 2025, is hereby suspended subject to the applicant furnishing a P.R. bond of Rs.25,000/- with one surety in the like amount. (c) The applicant shall not threaten the victim or her family members. (d) The applicant shall attend the concerned Police Station once in every six months, commencing from 12.10.2026. 4 4.appr.291.2026.odt (e) The applicant is directed not to tamper with the evidence and shall not threaten the complainant or the witnesses. (f) 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. (g) Needless to say, violation of any of the aforesaid conditions may entitle the prosecution to seek cancellation of the bail granted herein above. (h) Any arrest warrant, if issued, shall stand cancelled. (i) 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 18:25:19