1 7.aapa.4638.2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO.638 OF 2026 IN CRIMINAL APPEAL NO.438 OF 2026 Harshal Laxman Saryam .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. Y.D. Shukla, Advocate for applicant. Mr. K.R. Lule, A.P.P. for non-applicant/State. CORAM : MEHROZ K. PATHAN, J. DATE : 28/08/2026 1. The present application is filed for suspension of sentence and grant of bail during pending pendency of the appeal. 2. Mr. Shukla, learned counsel for the applicant submits that the applicant being convicted for three years, the trial Court has already suspended the sentence till the appeal period is over. There is material discrepancy in the depositions of the complainant mother and her son (PW-5). PW-5/son has not stated about any such overact on the part of the applicant of either pushing the informant pulling her saree or tearing her blouse. Despite there being no corroboration to the allegations made by the informant, the learned trial Court has gone ahead to convict the applicant on the sole testimony of the victim. The applicant is having good ground on merits. The appeal is already admitted and will take its own time for hearing, hence the applicant may be released on bail. 2026:BHC-NAG:11359 2 7.aapa.4638.2026.odt 3. As against this, the learned A.P.P. strongly opposes the application and submits that there is every likelihood that the applicant, if released on bail, may again threaten the complainant or her family members and thereby commit a cognizable offence, hence this is not a fit case to release the applicant on bail. 4. I have gone through the judgment passed by the learned trial Court and the observations made therein. Since there are good grounds made in the appeal, the appeal is admitted for final hearing, the same will take its own time for disposal. The sentence imposed upon the applicant is already suspended by the learned trial Court till the appeal period is over, as the punishment imposed is less than three years. The applicant was already released on bail during the trial and he is not reported to have committed any violation of the conditions imposed upon him. 5. Thus, I am inclined to exercise discretion under Section 430 of the BNSS to suspend the sentence. Accordingly, I am inclined to pass the following order :- ORDER (a) The application is allowed. (b) The substantive sentence imposed on the applicant by the learned Appellate Court is hereby suspended subject to the condition that the applicant on furnishing the P.R. Bond of Rs.25,000/- with one or two solvent sureties in the like amount. 3 7.aapa.4638.2026.odt (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: 31/08/2026 12:29:09