907-Cri-Apln-3287-2026.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 907 CRIMINAL APPLICATION NO. 3287 OF 2026 IN APEAL/653/2026 1) SHAIKH MOSIN SHAIKH WASHIM 2) SHAIKH RAHIM SHAIKH WASHIM VERSUS THE STATE OF MAHARASHTRA AND ANOTHER .… Mr. Satyajit S. Bora, Advocate for Applicants Mr. V. V. Jahagirdar, APP for Respondent No.1 – State Ms Sayali Tekale – Dadpe, Advocate (Appointed) for Respondent No.2 .… CORAM : ABHAY S. WAGHWASE, J. DATE : August 28, 2026 PER COURT :- 1. This is an application for suspension of substantive sentence and grant of bail awarded by the learned District Judge-4 and Additional Sessions Judge, Jalna, District Jalna in Special Case (Child) No.141 of 2020, dated 20.07.2026, convicting the applicants for the offence under Sections 8 and 12 of the Protection of Children from Sexual Offences (POCSO) Act and under Sections 506 and 323 read with 34 of I.P.C. 1 of 4 2026:BHC-AUG:38802 (( 2 )) 907-Cri-Apln-3287-2026 2. Learned counsel for applicants submits that the applicants were tried vide above Special Case (Child) No.141 of 2020 and vide judgment and order dated 20.07.2026, they came to be convicted for above offences. Sentence awarded is maximum three years and pay fine. Fine amount is said to be paid. According to him, applicants were on bail during trial. Appeal is of 2026, as much more time is required to hear the appeal, relief of suspension of sentence and grant of bail is urged for. 3. Learned APP as well as learned counsel for the victim, both strongly opposed the application on the ground that on full fledged trial, on appreciation of evidence, conviction has been recorded. The victim is 15 years of age. Learned APP submitted that the charges are duly attracted and proved, therefore, opposed for suspension of sentence. 4. Considering the above submissions, taking into account the quantum of sentence and nature of allegations and the appeal is being of 2026, may not be heard in near future, relief as prayed, deserves to be granted. Hence, the following order:- 2 of 4 (( 3 )) 907-Cri-Apln-3287-2026 O R D E R (i) Criminal Application stands allowed. (ii) The substantive sentence imposed on the applicants i.e. (1) Shaikh Mosin Shaikh Washim and (2) Shaikh Rahim Shaikh Washim, by the learned District Judge-4 and Additional Sessions Judge, Jalna, District Jalna, in Special Case (Child) No.141 of 2020, dated 20.07.2026, stands suspended till final hearing and disposal of Criminal Appeal No.653 of 2026. (iii) The applicants be released on P.R. Bond of Rs.15,000/- (Rupees Fifteen thousand only) each with two solvent sureties each in the like amount. (iv) The applicants shall not commit any criminal activity. (v) The applicants shall remain present before the learned trial Judge once in six months, till final hearing and disposal of the appeal, commencing from the date they tenders bail papers and thereafter, the trial Judge to fix dates for their subsequent appearances. (vi) In case of two consecutive defaults on the part of the applicants 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 the bail granted to the applicants. (vii) Bail before the trial Court. 3 of 4 (( 4 )) 907-Cri-Apln-3287-2026 (viii) The fees of the appointed counsel Ms Sayali Tekale - Dadpe, shall be quantified as per rules and be paid by the High Court Legal Services Sub-Committee, Aurangabad. [ ABHAY S. WAGHWASE, J. ] SMS 4 of 4