1 12-apeal-491-26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPEAL NO. 491 OF 2026 Sanjay S/o Jethmal Kharde Versus State of Maharashtra through its Police Station Officer, Police Station Patur, Dist. Akola Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri K.S.Malokar, Advocate for the appellant. Ms. R.V.Sharma, APP for the respondent/State. CORAM : MEHROZ K. PATHAN, J. DATED : 8th SEPTEMBER, 2026. The appeal is filed by the appellant challenging the judgment dated 12.08.2026 passed by learned Special Judge, POCSO Akola in Special Case (POCSO) No. 89 of 2025, thereby convicting the appellant for the offence punishable under Section 74 of Bhartiya Nyay Sanhita, 2023 and sentenced to suffer imprisonment of two years and pay fine of Rs.2000/-. He is further convicted for the offence punishable under Section 75 of Bhartiya Nyay Sanhita, 2023 and sentenced to suffer rigorous imprisonment of one year and pay fine of Rs.1,000/. He is further convicted for the offence punishable under Section 12 of SKNair 2 12-apeal-491-26.odt Protection of Children from Sexual Offences Act, 2012 and sentenced to suffer rigorous imprisonment of one year and pay fine of Rs.1000/-. 2. Heard. 3. Admit. 4. Call for record and proceedings. Criminal Application No. 703 of 2026. The present application has been filed by the appellant/applicant seeking suspension of the sentence and release of the appellant/applicant on bail during the pendency of the appeal. 2. Learned counsel for the applicant submits that the applicant was on bail during the trial. After the conviction, the appellant/applicant has also paid the amount of fine of Rs.4,000 on 12.08.2026. There are no allegations that the applicant has violated any conditions imposed upon the applicant or had threatened the complainant or her family members. The applicant is having a good case and there is no chance of the applicant to be absconding. The appeal will take its own time for hearing, therefore, the grounds raised in the appeal pertaining to the discrepancy in the case of the prosecution and the evidence led by the prosecution. The punishment is below three years and hence, this Court SKNair 3 12-apeal-491-26.odt may suspend the sentence and release the applicant on bail by allowing the application. 3. As against this Ms. Sharma, learned Additional Public Prosecutor strongly opposed the bail on the ground that the applicant is convicted for the serious punishable offence under Sections 74 and 75 of the Bhartiya Nyay Sanhita. If the applicant is released on bail, there is every likelihood that he may be threat to the complainant or her family members. Hence, the application may be rejected. 4. I have gone through the judgment dated 12.08.2026 passed by the learned Special Judge, POCSO, Akola in Special Case (POCSO) No. 89 of 2025 and also perused testimony of the victim and documents relied upon by the prosecution pertaining to the birth certificate of the victim and birth and death department letter dated 11.04.2025 issuing birth certificate to the victim. Arguable case is made out and hence the appeal is already admitted. The applicant was released on bail during trial and there are no allegations that the applicant has threatened the complainant or family member. Thus, I am inclined to exercise discretion under Section 430 of the BNSS to release the applicant on bail by suspending the sentence. Hence, the following order. SKNair 4 12-apeal-491-26.odt ORDER i. The criminal application is allowed; ii. The substantive sentence imposed upon the Applicant by the learned Convicting Court, viz., to suffer Rigorous Imprisonment for two years and to pay a fine of Rs.2,000/-, and in default thereof to suffer Imprisonment for two months under Section 74 of the BNS; to undergo Rigorous Imprisonment for one year and to pay a fine of Rs.1,000/-, and in default thereof to suffer further Rigorous Imprisonment for one month under Section 75 of the BNS; and to suffer Rigorous Imprisonment for one year and to pay a fine of Rs.1,000/-, and in default thereof to suffer further Rigorous Imprisonment for one month under Section 12 of the POCSO Act, 2012, 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. iii. The applicant shall attend the concerned Police Station once in every six months, commencing from 21.09.2026. iv. The applicant is directed not to tamper with the evidence and shall not threaten the complainant or the witnesses. SKNair 5 12-apeal-491-26.odt v. 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 vi. Needless to say, violation of any of the aforesaid conditions may entitle the prosecution to seek cancellation of the bail granted herein above. vii. Application is disposed of accordingly. [MEHROZ K. PATHAN, J.] SKNair Signed by: Mr. S.K. NAIR Designation: PS To Honourable Judge Date: 11/09/2026 17:02:37