CriAppln-3170-2026 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3170 OF 2026 IN CRIMINAL APPEAL NO. 302 OF 2025 Vasant Shivaji Wadikar … Applicant Versus The State of Maharashtra … Respondent ….. Mr. Satej S. Jadhav, Advocate for the Applicant. Mr. V. S. Badakh, APP for the Respondent-State. ..... CORAM : ABHAY S. WAGHWASE, J. RESERVED ON : 27.08.2026 PRONOUNCED ON : 28.08.2026 ORDER : 1. Instant application is for suspension of sentence awarded in Sessions Case No. 16 of 2024 dated 19.03.2025 by learned Additional Sessions Judge, Ahmedpur, District Latur for offence under Section 397, 201 of the Indian Penal Code [IPC] and equally, prayer is raised for grant of bail also. 2. Learned Counsel for the applicant submitted that present applicant was arraigned as accused No.2 in above Sessions Case and he was convicted by judgment and order dated 19.03.2025. That, against the same, appeal has been preferred, but, it being of recent one, there are no chances of hearing the appeal. 2026:BHC-AUG:38725 CriAppln-3170-2026 -2- 3. On merits, he would submit that applicant was barely 21 years of age when he was tried. He is behind bars since almost one and a half year. That, in fact, there is no convincing, cogent and reliable evidence, but still the applicant stood convicted. He pointed out that the allegation is of snatching cash from the possession of the complainant. However, taking this Court through the testimony of the complainant, he submitted that, firstly, the alleged three persons had covered their faces and, therefore, were not identifiable. Moreover, although the incident was allegedly witnessed by the complainant, no Test Identification Parade was conducted. Identification is on the basis of CCTV footage which was displayed for the first time in the Court. Moreover, against applicant there are no allegations of he armed with any article or knife or even snatching. Moreover, in the light of the evidence of complainant and the cross-examination of the other prosecution witnesses, it is doubtful whether the amount claimed by the complainant was actually in his possession and was thereafter forcibly taken away. That, applicant has no criminal antecedents at all and for above reasons, relief of suspension of sentence is urged for. 4. Learned APP opposed the application on the ground that on full fledged trial, conviction has been recorded. As there is no merit in the CriAppln-3170-2026 -3- application, it is prayed that the application for suspension of sentence be rejected. 5. Heard. Perused the record. It appears that the complainant is examined at Exhibit-17, who claims himself to be a pigmy agent. On 07.10.2023, while he was proceeding towards his house at around 11.00 to 11.15 a.m., he claims that three persons came on motorcycle and intercepted his vehicle. He claims that two of them tried to snatch bag in his possession, which was resisted. Then, he claims that one of them assaulted him by means of Koyta and in the scuffle, two bundles of Rs.50,000/- each fell and that was picked up by those persons and they fled. He has given description like one of them tying Turban, while another is wearing skull cap and these two persons had allegedly assaulted him, whereas the third one was sitting on the vehicle. He specifically stated that he was assaulted by a person wearing Turban. While under cross-examination, he admitted that all three persons had covered their faces. Even in the CCTV footage, all three persons are seen with their faces completely covered. Thus, the identification of the applicant is primarily based on the CCTV footage. However, no Test Identification Parade was conducted. CriAppln-3170-2026 -4- 6. Applicant is behind bars since March, 2025 i.e. almost one and a half years back. Admittedly, the appeal is of 2025 and may not be heard immediately. Considering his age and above discussion, relief as prayed deserves to be granted. Hence, the following order is passed :- ORDER I. Criminal Application stands allowed. II. The substantive sentence imposed on the applicant – Vasant Shivaji Wadikar in Sessions Case No. 16 of 2024 by the learned Additional Sessions Judge, Ahmedpur, District Latur on 19.03.2025, stands suspended till the final hearing and disposal of Criminal Appeal No.302 of 2025. 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. CriAppln-3170-2026 -5- 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. [ABHAY S. WAGHWASE, J.] scm