48. APPR 198 of 2026.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL REVISION (APPR) NO.198/2026 IN CRIMINAL REVISION APPLICATION NO.206/2026 Arun S/o Natthuji Pote ...Versus… State of Maharashtra, Through Police Station Officer, Police Station, Hudkeshwar, Nagpur and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Ms Priti Badwaik, Advocate (appointed) for applicant Mr. K.R. Lule, APP for respondent No.1 Ms Vaishnavi Mankar, Advocate (appointed) for respondent Nos.2 and 3 CORAM : MEHROZ K. PATHAN, J. DATE : 19/08/2026 1. The present application is filed for suspension of substantive sentence, imposed upon the present applicant vide judgment and order dated 07/04/2025, passed by the Additional Sessions Judge-6, Nagpur in Special Case No.293/2023. 2. Learned Counsel for the applicant submits that the applicant is falsely implicated in the said crime. The depositions of the victim girl and her mother would show that there are material discrepancies in the testimony of the victim girl. There is nothing to corroborate the allegations made by the victim girl. 3. Perusal of the deposition of the Investigating Officer would itself show that though there are allegations against the applicant of biting the lips of the victim girl, 2026:BHC-NAG:10946 48. APPR 198 of 2026.odt 2 however, the medical examination of the victim girl was not conducted by the Investigating Officer. Thus, except for the bald allegation about the alleged sexual assault committed by the applicant, there is no evidence to corroborate the said allegation. The applicant is behind the bars since 14/04/2023 and has already put in jail for three and half years of his five years imprisonment, as sentenced by the learned Additional Sessions Judge. The applicant is having deep roots in the society and is not having any criminal antecedents. The applicant is ready to abide by the conditions that may be imposed on the applicant while granting bail. Hence, the applicant may be released on bail. 4. Learned appointed Counsel for the respondent Nos.2 and 3 as well as learned Additional Public Prosecutor for the respondent No.1/State strongly oppose the bail application on the ground that the applicant is involved in serious offence of sexual assault on minor girl aged about 12 years. Despite of the searching cross-examination by the accused, the victim had stood up to her allegations and the accused was not able to shatter her testimony. The victim girl has specifically alleged sexual assault at the behest of the present applicant. The said version of the victim has gone unchallenged. Even though there is no medical evidence, however, the ocular evidence of minor victim girl is sufficient enough to base a conviction. The applicant is rightly convicted for the said offence punishable under Section 8 of the Protection of Children from Sexual Offences Act, 2012. For the reasons given by the learned Trial Court, there is every likelihood that the revision filed by the applicant may result in dismissal. Hence, this is not a fit case 48. APPR 198 of 2026.odt 3 to release the applicant on bail. 5. I have gone through the record and the impugned judgment and order dated 07/04/2025. Perusal of the testimony of the victim girl as well as her mother would show that there are material discrepancies in the depositions of the victim and her the mother, which go to the root of the matter. The Investigation Officer (PW 7) had also admitted that he did not conduct the medical examination of the victim girl, even though the admissions are of biting of lips of the victim girl. Thus, arguable case is made out for admission of revision. The revision is already admitted and will take its own time for hearing. The applicant was arrested on 14/04/2023 and is behind the bars since then. The applicant is imposed with punishment of 5 years Rigorous Imprisonment and the applicant has already put in 3 and half years of imprisonment. The applicant is not having any criminal antecedents nor there are admissions of applicant threatening the complainant or her family members. The apprehension expressed by the Additional Public Prosecutor can be taken care of by imposing stringent conditions. Hence, I am inclined to exercise discretion under Section 430 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 to suspend the sentence and grant bail to the applicant. Hence, the following order. O R D E R (i) Criminal Application is allowed. (ii) The substantive sentence imposed upon the present applicant vide judgment and order dated 07/04/2025, passed by the learned Additional Sessions Judge-6, Nagpur in 48. APPR 198 of 2026.odt 4 Special Case No.293/2023 is hereby suspended, upon the applicant furnishing a P.R. Bond in the sum of Rs.20,000/- (Rupees Twenty Thousand Only) with one or two sureties in the like amount. (iii) The applicant shall not threaten the complainant or her family members. (iv) The applicant shall attend the concerned Police Station once in every six months from 11:00 a.m. to 1:00 p.m. starting from 01/09/2026. (v) Fees of the appointed Counsel for the applicant and the appointed Counsel for the respondent Nos.2 and 3 shall be paid by the High Court Legal Services Sub- Committee, Nagpur in accordance with the Rules. (MEHROZ K. PATHAN, J.) Wadkar Signed by: S.S. Wadkar (SSW) Designation: Senior Pvt. Secretary Date: 21/08/2026 18:42:55