39. APPA 477 of 2026.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APPA) NO.477/2026 IN CRIMINAL APPEAL NO.324/2026 Nitin Sukhdev Tajane ...Versus… State of Maharashtra Through Police Station Officer, Police Station Channi, Akola 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.V. Karnavat, Advocate for applicant/appellant Mr. A.M. Ghogre, APP for respondent No.1/State Ms Yoshita Paliwal, Advocate (appointed) for respondent No.2 CORAM : MEHROZ K. PATHAN, J. DATE : 05/10/2026 1. The present application is filed for suspension of substantive sentence imposed by the learned Special Judge (POCSO), Akola vide judgment and order dated 14/05/2026 in Special (POCSO) Case No.127/2018 for the offences punishable under Section 354-D, 509 and 294 of Indian Penal Code (IPC) and Section 12 of the Protection of Children from Sexual Offences (POCSO) Act, 2012, whereby the applicant is sentenced to undergo rigorous imprisonment for 6 months and to pay a fine of Rs.1,000/-, in default, to suffer rigorous imprisonment for one month for the offence punishable under Section 12 of the POCSO Act, 2012 and simple imprisonment for one month and to pay a fine of Rs.500/-, in default, to suffer simple imprisonment for 15 days for the offence punishable under Section 294 of IPC. 2026:BHC-NAG:13480 39. APPA 477 of 2026.odt 2 2. Mr. Karnavat, learned Counsel for the applicant submits that fine amount of Rs.1,500/- is already paid by the applicant before the learned Trial Court after the judgment of conviction was passed. This Court vide order dated 10/07/2026 has continued the suspension of sentence granted by the learned Trial Court. Learned Counsel for the applicant further submits that the applicant was on bail during the trial and there are no allegations against the applicant of violating any conditions. The applicant is further ready to abide with any condition. The applicant may be released on bail by suspending the substantive sentence. 3. As against this, Mr. Ghogre, learned Additional Public Prosecutor for the respondent No.1/State and Ms Paliwal, learned appointed Counsel for the respondent No.2 strongly oppose the application on the ground that the applicant is involved in the offences conducted against a minor girl. There is every likelihood that if the applicant is released on bail, he may again threaten the complainant or the family members. The applicant has hardly undergone the imprisonment as an under-trial. Thus, this is not a fit case to release the applicant on bail. The Criminal Application is devoid of any substance and merit and therefore be rejected. 4. I have gone through the impugned judgment and order dated 14/05/2026, passed by the learned Special Judge (POCSO), Akola in Special (POCSO) Case No.127/2018. I have also gone through the depositions of the victim girl and her mother. The applicant has made out arguable points, hence, this Court has already admitted appeal vide order dated 10/07/2026. The appeal will take its own time for final 39. APPA 477 of 2026.odt 3 disposal. 5. The learned Counsel for the applicant has submitted that the fine amount is already paid. The record also shows that the fine amount is already paid. The applicant was arrested on 27/01/2018 and released on bail on 28/01/2018. There are no allegations that the applicant has violated any condition while he was released on bail during the trial. The apprehension of the learned Additional Public Prosecutor for the respondent No.1 as well as the learned appointed Counsel for the respondent No.2 can be taken care of by imposing certain conditions. Hence, I am inclined to exercise discretion under Section 430 of the Bharatiya Nagrik Suraksha Sanhita, 2023 to release the applicant and pass the following order :- O R D E R (i) The Criminal Application is allowed. (ii) The substantive sentence imposed upon the applicant vide judgment and order dated 14/05/2026 passed by the learned Special Judge (POCSO), Akola in Special (POCSO) Case No.127/2018 for the offences punishable under Section 354-D, 509 and 294 of Indian Penal Code (IPC) and Section 12 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 is 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 complainant. 39. APPA 477 of 2026.odt 4 (v) A single incident of the applicant threatening the complainant or the family members shall entitle the prosecution or 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 18:36:29