1 11.appr.614.2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO.614 OF 2026 IN CRIMINAL APPEAL NO.420 OF 2026 Nikhil S/o Deepak Chouthmal .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. R.R. Rathod, Advocate for appellant. Ms. Ritu Sharma, Advocate for respondent/State. CORAM : MEHROZ K. PATHAN, J. DATE : 18/08/2026 1. The present application is filed for suspension of substantive sentence imposed upon the present applicant vide judgment dated 21.07.2026 passed by the learned Extra Joint District Judge & Additional Sessions Judge, Nagpur, in Special POCSO Case No.254 of 2019. 2. The learned counsel for the applicant submits that applicant is having a good case on merits. There are material discrepancies brought on record during the cross-examination of the complainant and the other witnesses. The learned trial Court has wrongly held that the applicant was guilty of the said offences despite of such material discrepancies going to the root of the matter was brought on record by the cross-examination conducted by the accused/applicant. There is every likelihood that the appeal may result in acquittal of the present applicant. 2026:BHC-NAG:10960 2 11.appr.614.2026.odt The applicant was arrested after registration of the offence on 10.08.2019 and was thereafter released on bail vide order dated 06.11.2019 passed by the learned District Judge-11 & ASJ, Nagpur. Applicant had complied with the conditions imposed by the learned trial Court, while releasing the applicant on bail. There is no violation of any conditions imposed by the learned trial Court. Learned trial Court though had convicted the appellant on 21.07.2026, had suspended the sentence imposed upon the applicant as same was below three years of rigorous imprisonment. The applicant is having deep roots in the society. The applicant is further ready to abide any conditions that may be imposed by this Court. The appeal will takes its own time for the hearing. Hence, the applicant may be released by suspending the sentence. 3. As against this, the learned A.P.P. strongly opposed the present application on the ground that the applicant is alleged of capturing in decent photographs of the victim and convicted under Section 354-C of the IPC. The victim/complainant has stuck to her version as stated in the complaint. The applicant has not been able to extract any admission on her part. After evaluating the evidence, the 3 11.appr.614.2026.odt learned trial Court has rightly convicted the applicant. The reasoning given by the learned trial Court is sufficient and there is every likelihood that the appeal may result in dismissal, thereby requiring the applicant to undergo three years of imprisonment. The applicant has hardly undergone three months of imprisonment. The applicant if released on bail, may threaten the complainant or other witnesses. Hence, this not a fit case to release the applicant on bail. 4. After going through the testimony of the witnesses and judgment of the learned trial Court, an arguable case is made out. The appeal is already admitted and take its own time for hearing. The applicant was released on bail by the learned trial Court on 06.11.2019. There are no complaints that the applicant has threatened the complainant and the witnesses. Thus, I am inclined to exercise the discretion under Section 430 of BNSS to release the applicant. Hence, I pass the following order:- ORDER (a) The criminal application is allowed. (b) The substantive sentence imposed vide Judgment and order dated 21.07.2026 passed by the learned Extra Joint 4 11.appr.614.2026.odt District Judge & Additional Sessions Judge, Nagpur, in Special POCSO Case No.254 of 2019 on the applicant is hereby suspended subject to the condition of the applicant furnishing the P.R. Bond of Rs.25,000/- with one or two solvent sureties in the like amount. (c) The applicant shall attend the concerned police Station once in every six months, commencing from 10.09.2026. (d) The applicant is directed not to tamper with the evidence and shall not threaten the complainant or the witnesses. (e) 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. (f) Needless to say, violation of any of the aforesaid conditions may entitle the prosecution to seek cancellation of the bail granted herein above. (g) Application is disposed of accordingly. (MEHROZ K. PATHAN, J.) C.L. Dhakate Signed by: Mr. C.L. Dhakate Designation: PA To Honourable Judge Date: 24/08/2026 11:04:39