CriAppln-1879-2026 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1879 OF 2026 IN CRIMINAL APPEAL NO. 359 OF 2026 Anand s/o Ambadas Pohalkar … Applicant [Accused] Versus 1. State of Maharashtra Through Jinsi Police Station, Aurangabad. 2. XYZ … Respondents ….. Mr. R. H. Wagh, Advocate for the Applicant. Mr. G. O. Wattamwar, APP for the Respondent No.1-State. Ms. Sarika Tekale, Advocate for Respondent No.2 (Appointed) ..... CORAM : ABHAY S. WAGHWASE, J. RESERVED ON : 18.08.2026 PRONOUNCED ON : 19.08.2026 ORDER : 1. Instant application is for suspension of sentence awarded in Special Case No. 338 of 2021 dated 20.11.2025 for offence under Section 354, 354-A(2) of the Indian Penal Code [for short “IPC”] and under Section 8 of the Protection of Children from Sexual Offences Act, 2012 [for short “POCSO Act”] and equally, prayer is raised for grant of bail also. 2. It is further pointed out that there are allegations of applicant having kept his hand on the hand of the victim. In fact, the applicant 2026:BHC-AUG:37128 CriAppln-1879-2026 -2- was driving a rickshaw, and therefore, it was not possible for him to commit such an act. However, conviction has been recorded against him. An appeal has been preferred against the said conviction; however, it being of 2026, it will take long time to be heard. It is further submitted that the applicant has been behind bars for almost a year or so. He has hopes of succeeding in the appeal. That, applicant was on bail during trial and fine amount is already paid. For all above reasons, sentence is sought to be suspended by granting bail. 3. Learned APP as well as learned Counsel for informant would oppose the relief on the ground that on full-fledged trial, charges as well as age of victim is proved. She was minor. That, incident took place when the victim boarded the rickshaw of accused. The accused was identified in the Test Identification Parade. That, there is overwhelming evidence led by the prosecution, which has been rightly accepted. As there is no merit in the application, it is prayed that the application be rejected. 4. Heard. Perused the papers. As submitted, applicant was tried for commission of above offence vide Special Case No.338 of 2021. Prosecution seems to have adduced evidence of in all seven witnesses. Accusations raised against the applicant are that when victim PW1 hired the rickshaw to Mondha Naka to travel towards Ramgiri Hotel, CriAppln-1879-2026 -3- it is alleged that accused, finding her alone, did not drop her at Ramgiri Hotel and said that he would take her at different place and while the rickshaw was moving and while informant had held the iron bar for support while sitting, accused allegedly touched informant’s left hand and, therefore, out of fright, she jumped out of auto rickshaw and suffered injury. Her evidence as well as the evidence of P.W.4, the school authority, who produced the admission extract as well as the birth certificate, appears to have prevailed upon the Trial Court in holding that the age of the victim was proved to be below 18 years. Allegations held to be proved by trial Court are of keeping hand on the left hand of victim. 5. Appeal has been preferred against the judgment and order of conviction. However, considering the statement across the bar that applicant has suffered one year imprisonment out of three years and there being no immediate prospects of hearing the appeal in immediate near future and also taking into account the quantum of sentence, the relief as prayed deserves to be granted. Hence, I proceed to pass the following order :- ORDER I. Criminal Application stands allowed. CriAppln-1879-2026 -4- II. The substantive sentence imposed on the applicant - Anand s/o Ambadas Pohalkar in Special Case No. 338 of 2021 by the Special Judge (POCSO Act), Aurangabad on 20.11.2025 stands suspended till the final hearing and disposal of Criminal Appeal No.359 of 2026. III. The applicant be released on P.R. Bond of Rs.15,000/- (Rupees Fifteen Thousand Only) with two solvent sureties in the like amount. IV. The applicant shall not commit any criminal activity. V. 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. VI. 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 bail granted to the applicant. VII. Bail before the trial court. VIII. Fees of learned Counsel, who is appointed to represent the cause of respondent No.2, is to be paid by High Court Legal Services Sub Committee, Aurangabad, as per rules. [ABHAY S. WAGHWASE, J.] scm