40. APPA 744 of 2026.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APPA) NO.744/2026 IN CRIMINAL APPEAL NO.503/2026 Mangesh Mohan Dumane ...Versus… State of Maharashtra Through Police Station Officer, Armori, Tah. Armori, Dist. Gadchiroli and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Mr. A.A. Krishnan, Advocate for appellant/applicant Mr. K.R. Lule, APP for respondent No.1/State Ms Alka Agrawal, Advocate (appointed) for respondent No.2 CORAM : MEHROZ K. PATHAN, J. DATE : 05/10/2026 1. The present application is filed by the appellant/applicant praying for suspension of substantive sentence imposed upon the applicant vide judgment and order dated 31/07/2026, passed by the learned Sessions Judge, Gadchiroli in Special (POCSO) Case No.87/2023. 2. Mr. Krishnan, learned Counsel for the applicant submits that the substantive sentence imposed upon the applicant is already suspended vide order dated 31/07/2026 by the learned Trial Court after the judgment of conviction was pronounced. The applicant has also deposited fine amount of Rs.10,000/- on 31/07/2026. Photocopy of receipt dated 31/07/2026 is placed on record. He further submits that the applicant was on bail during the trial and there are no allegations that the applicant had committed any violation of 2026:BHC-NAG:13484 40. APPA 744 of 2026.odt 2 the conditions imposed by the learned Trial Court while releasing the applicant on bail. Hence, the application may be allowed and the applicant be released on bail by suspending the sentence. 3. As against this, Mr. Lule, learned Additional Public Prosecutor for the respondent No.1 as well as Ms Agrawal, learned appointed Counsel for the respondent No.2 strongly oppose the bail application on the ground that the applicant is found to be involved in sexual assault on a minor girl. Though the applicant is acquitted under the Protection of Children from Sexual Offences, Act, 2012, however, the applicant is convicted for the offence punishable under Section 354 of IPC and Section 3 (1) (w) (i) and 3 (2) (va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and made to undergo rigorous imprisonment for one year. The applicant has hardly undergone some months of imprisonment as an under-trial. There are good reasons stated by the learned Trial Court convicting the appellant. There is every likelihood that the appeal may result in dismissal and thereby the applicant will have to undergo the remaining sentence. There is every likelihood that the applicant, if released on bail, he may again threaten the complainant or her family members. This is not a fit case to release the applicant on bail and hence, the application may be rejected. 4. I have gone through the impugned judgment and order dated 31/07/2026, passed by the learned Sessions Judge, Gadchiroli in Special (POCSO) Case No.87/2023 and the depositions of the victim girl and her brother. There are arguable points made out by the appellant, hence, the appeal 40. APPA 744 of 2026.odt 3 is admitted. Final disposal of the appeal will take its own time. The applicant was arrested on 30/08/2023 and was released on bail on 04/01/2024. There are no allegations that the applicant has violated any conditions while releasing him on bail. The applicant has already paid the fine amount. The substantive sentence is already stayed by the convicting Court on the date of pronouncing the judgment dated 31/07/2026. I am therefore inclined to exercise the discretion under Section 430 of the Bharatiya Nagrik Suraksha Sanhita, 2023 and pass the following order :- O R D E R (i) Criminal Application is allowed. (ii) The substantive sentence imposed upon the applicant vide judgment and order dated 31/07/2026, passed by the learned Sessions Judge, Gadchiroli in Special (POCSO) Case No.87/2023 for the offence punishable under Section 354 of Indian Penal Code and Section 3 (1) (w) (i) and 3 (2) (va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 is hereby suspended, subject to applicant furnishing P.R. Bond of Rs.25,000/- with one or two solvent sureties in the like amount. (iii) The applicant shall attend the concerned Police Station once in every six months starting from 15/10/2026. (iv) The applicant shall not threaten the complainant or family members of the complainant. (v) A single incident of threatening the complainant or family members shall entitle the prosecution or 40. APPA 744 of 2026.odt 4 the complainant to file appropriate application for cancellation of bail and the suspension order. (vi) The applicant shall furnish photocopies 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. (vii) The Criminal Application is allowed in the aforesaid terms and disposed off accordingly. (viii) Fees of the learned appointed Counsel for the respondent No.2 shall be paid by the High Court Legal Services Sub-Committee, Nagpur, as per rules. (MEHROZ K. PATHAN, J.) Wadkar Signed by: S.S. Wadkar (SSW) Designation: Senior Pvt. Secretary Date: 08/10/2026 18:40:48