1 38.appa.422.2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO.422 OF 2026 Nitesh @ Atul Shivaji Gomase .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. D.U. Thakare, Advocate for applicant. Mr. K.R. Lule, A.P.P. for respondent/State. Ms. R.M. Mishra, Advocate for victim (appointed). CORAM : MEHROZ K. PATHAN, J. DATE : 09/09/2026 1. This is an application under Section 389 of the Cr.P.C. for suspension of the sentence imposed upon the applicant for a period of one year under Section 354-A and 509 of the I.P.C. vide judgment and order dated 04.05.2024 passed by the learned Additional Sessions Judge-19 (Spl. POCSO), Nagpur in Special (POCSO) Case No.555 of 2024. 2. Mr. Thakre, learned counsel for the applicant submits that there are material discrepancies in the statements of the victim and the other witnesses. The appeal is already admitted as this court has found an arguable case. There is every likelihood that the appeal may be allowed and the applicant may be acquitted of the offence. The applicant was arrested on 21.6.2024 and was released on bail on 03.07.2024 during the trial. The applicant has not violated any conditions imposed by the trial Court and is not alleged of any threats given to the complainant. The applicant further undertakes to abide by any condition that 2026:BHC-NAG:12257 2 38.appa.422.2026.odt may be imposed by this Court. Hence, the applicant may be released on bail. 3. As against this, learned appointed counsel for the victim and the learned A.P.P. strongly opposes the release of the applicant on bail. It is submitted that the applicant, if released on bail, may threaten the complainant or her family members. The applicant stands convicted under Sections 354-A and 509 of the I.P.C. along with Section 12 of the POCSO Act. The offences are punishable with one year. The applicant has hardly put in 15 days of sentence as an under trial. There are good grounds stated by the learned trial Court while convicting the applicant. There is every likelihood that the appeal may result in dismissal, hence, this is not a fit case to release the applicant on bail and the application may be rejected. 4. After hearing and going through the judgment of the trial Court and the evidence led by the prosecution, an arguable case was made out, hence, the appeal is already admitted for final hearing. The final disposal of the appeal will take its own time. The applicant was already released on bail by the convicting Court till 03.07.2024 i.e. till the appeal period is over. This Court had already suspended the sentence imposed upon the applicant vide order dated 01.07.2026. Hence, I am inclined to exercise discretion under Section 430 of BNSS and pass the following order :- ORDER (a) The criminal application is allowed. 3 38.appa.422.2026.odt (b) The substantive sentence imposed upon the applicant vide judgment and order dated 04.05.2024 passed by the learned Additional Sessions Judge-19 (Spl. POCSO), Nagpur in Special (POCSO) Case No.555 of 2024 is hereby suspended subject to the condition that the applicant on furnishing the P.R. Bond of Rs.25,000/- with one solvent surety in the like amount. (c) The applicant shall attend the concerned Police Station once in every six months, starting from the 21.09.2026. (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) The High Court Legal Aid Services Sub-Committee, Nagpur shall pay the requisite fees to the learned appointed counsel. (h) The application stands disposed of. (MEHROZ K. PATHAN, J.) C.L. Dhakate Signed by: Mr. C.L. Dhakate Designation: PA To Honourable Judge Date: 16/09/2026 11:41:36