12.appa.581.26 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application [APPA] No.581 of 2026 in Criminal Appeal St. No.8432 of 2026 Deepak @ Hemant Kusoba Halmare vs. The State of Maharashtra, through P.S. Lakhni, District Bhandara =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court’s or Judge’s Orders or directions and Registrar’s orders. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Mr. P.K. Dahat, Advocate (Appointed) for the Applicant/Appellant. Mr. H.S. Dubey, A.P.P. for the Non-Applicant/Respondent. CORAM : Y.G. KHOBRAGADE, J. DATE : 15 th SEPTEMBER, 2 026. Heard learned Counsel appearing for the applicant as well as the learned A.P.P. appearing for the non-applicant. 02. By the present application, the applicant/appellant seeks condonation of delay of 248 days caused in preferring the appeal against the judgment and order dated 30/09/2025 passed in Spl.(POCSO) Cri. Case No.71/2022 by the learned Special Judge, Bhandara. 03. The learned A.P.P. strongly opposes the application. 04. It is stated in the application that the applicant is a poor person and is presently undergoing sentence at Central Prison, Nagpur, and that, after receiving legal advice through Legal Aid, he has preferred the appeal. It is submitted that the delay of 248 days caused in preferring the appeal is bona fide and unintentional. 05. Considering the reasons stated in the application, the delay of 248 days caused in preferring the appeal is hereby condoned. Office to register the appeal. The application is allowed and disposed of accordingly. 2026:BHC-NAG:12314 12.appa.581.26 2/2 Criminal Appeal St. No.8432/2026: By the present appeal filed under Section 374(2) of the Code of Criminal Procedure, the appellant takes exception to the judgment and order dated 30/09/2025 passed in Spl.(POCSO) Cri. Case No.71/2022 by the learned Special Judge, Bhandara, thereby holding the appellant guilty of the offences punishable under Sections 10 and 12 of the Protection of Children from Sexual Offences Act, 2012 and Sections 354-A and 354-B of the Indian Penal Code and sentencing him to suffer maximum imprisonment for a period of five years. 02. Admit. 03. Call for the record and proceedings. Criminal Application [APPA] St. No.8434/2026: Leave to implead the victim as non-applicant/respondent No.2 is granted. 02. By the present application, the applicant is seeking suspension of sentence awarded by the learned Special Judge, Bhandara, vide judgment and order dated 30/09/2025 passed in Spl.(POCSO) Cri. Case No.71/2022. 03. Issue notice to the non-applicants, returnable on 29th September, 2026. 04. The learned A.P.P. waives service of notice for non-applicant No.1. 05. The Police Inspector, Police Station Lakhni, District Bhandara, shall ensure to serve the victim/non-applicant No.2 and shall furnish the report before the returnable date. JUDGE *sandesh Signed by: Mr. Sandesh Waghmare Designation: PS To Honourable Judge Date: 16/09/2026 19:03:26