1 3. APPEAL 498 of 2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPEAL NO.498 OF 2026 WITH CRIMINAL APPLICATION NO.723 OF 2026 SAURABH ANKUSHRAO PALEKAR VERSUS STATE OF MAHARASHTRA THR. PSO, PS RALEGAON, TQ. & DIST. YAVATMAL Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Ms. P.N. Lakhani, Advocate for Petitioner/Applicant. Mr. A.M. Ghogre, APP for Respondent-State. CORAM : MEHROZ K. PATHAN, J. DATED : 11th SEPTEMBER 2026 PER COURT :- 1. The instant appeal challenges the judgment and order dated 10.08.2026, passed by learned Special Judge, Yavatmal, in Spl. Case No.35 of 2023, wherein the petitioner was held guilty for the offence punishable under Section 323 of the Indian Penal Code, 1860 and released on probation under Section 4 of the Probation of Offenders Act, 1958, on furnishing a bond of Rs.25,000/- with a surety to the tune of Rs.25,000/-, to appear and receive sentence when called upon, within the next two years from today, and in the meantime, to keep the peace and be of good behaviour. So also, learned Special Judge, Yavatmal, imposed fine of Rs.4,000/- upon the 2 3. APPEAL 498 of 2026.odt petitioner, to be deposited with the Special Court, within 15 days, for paying the same to the victim towards compensation and in default thereof, the petitioner shall undergo simple imprisonment for 15 days. 2. Ms. Lakhani, learned Counsel for the applicant submits that there are merits in the case of the applicant. 3. Admit. 4. Call Record and Proceedings. CRIMINAL APPLICATION NO.723 OF 2026 5. The present application is for suspension of sentence and grant of bail on account of conviction recorded by learned Special Judge, Yavatmal, in Spl. Case No.35 of 2023, dated 10.08.2026, wherein the applicant was held guilty for the offence punishable under Section 323 of the Indian Penal Code, 1860 and released on probation under Section 4 of the Probation of Offenders Act, 1958, on furnishing a bond of Rs.25,000/- with a surety to the tune of Rs.25,000/-, to appear and receive sentence when called upon, within the next two years from today, and in the meantime, to keep the peace and be of good behaviour. So also, learned Special Judge, Yavatmal, imposed fine of Rs.4,000/-, to be deposited with the Special Court, 3 3. APPEAL 498 of 2026.odt within 15 days, for paying the same to the victim towards compensation and in default thereof, the applicant shall undergo simple imprisonment for 15 days. 6. Ms. Lakhani, learned Counsel for the applicant submits that there are sufficient grounds in the appeal, and this Court has, therefore, admitted the appeal. She submits that there is no medical evidence to support the allegations of causing injury by the alleged assault carried out by the applicant. She submits that taking into consideration the aforesaid aspects of the matter, the trial court has released the applicant on probation under Section 4 of the Probation of the Offenders Act, on furnishing a bond. She submits that the fine amount imposed upon the applicant has already been deposited by him. The applicant was on bail during the trial. She submits that there are no allegations that the applicant has violated any of the conditions imposed by the trial court while releasing on probation. She submits that the applicant is ready to abide by any conditions that may be imposed upon the applicant by this Court. Hence, she prays for grant of suspension of sentence and release the applicant on bail. 7. As against this, learned APP strongly opposes the application on the ground that the applicant if released on bail may threaten the complainant or her family members and there is 4 3. APPEAL 498 of 2026.odt possibility of misusing the liberty. The trial court has recorded elaborate reasons resulting in conviction of the applicant. Hence, he prays for for rejection of the application. 8. I have gone through the impugned judgment dated 10.08.2026, passed by the learned Special Judge, Yavatmal. 9. Taking into consideration the nature of the injury caused, the allegations and the absence of any medical evidence to support the allegations of assault carried out by the applicant, the trial court has given benefit to the applicant under Section 4 of the Probation of the Offenders Act and released him. It is pertinent to note that the applicant has also deposited the fine amount. Learned Counsel made a statement across the bar that the applicant, if released, is ready to abide by any conditions that may be imposed by this Court. Hence, I am inclined to exercise the discretion under Section 430 of BNSS to suspend the sentence and release the applicant on bail. ORDER i) The criminal application is allowed. ii) The substantive sentence imposed on the applicant by the learned Special Judge, Yavatmal, in Spl. Case No.35 of 2023, vide judgment dated 10.08.2026, for the offence 5 3. APPEAL 498 of 2026.odt punishable under Section 323 of the Indian Penal Code, 1860 is hereby suspended till final hearing and disposal of Criminal Appeal No.498 of 2026, subject to the condition that the applicant shall furnish 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 24.09.2026. iv) The applicant is directed not to tamper with the evidence and shall not threaten the complainant or her family members. v) The applicant shall furnish the copies of his Aadhar Card and PAN Card 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) Bail before the trial court. viii) With the above directions, the application is disposed of. [MEHROZ K. PATHAN] JUDGE asd