1 7-revn-267-26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL REVISION NO. 267 OF 2026 Prashant S/o Shirangrao Dewale Versus The State of Maharashtra through Police Station Officer, Police Station Teosa, Dist. Amravati Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri Kushal Jain, Advocate with Shri Rakesh Sharma for the applicant. Mrs. S.V.Kolhe, APP for the non-applicant/State. CORAM : MEHROZ K. PATHAN, J. DATED : 16th SEPTEMBER, 2026. 1. The applicant/revisioner challenges the order dated 08.09.2026 passed by learned Adhoc District Judge-1 and Additional Sessions Judge, Amravati in Criminal Appeal No. 243 of 2019, thereby confirming the conviction of the applicant passed by the learned Judicial Magistrate First Class, in RCC No. 169 of 2017 dated 11.11.2019 for the offence punishable under Sections 354-A(1) and 451 of Indian Penal Code. 2. Admit. 3. Call for record and proceedings. Criminal Application No. 271 of 2026 4. Application is filed for suspending the substantive sentence imposed upon the applicant vide judgment dated 08.09.2026 passed by SKNair 2 7-revn-267-26.odt the learned Ad-hoc District Judge-1 and A.S.J. Amravati in Criminal Appeal no. 243 of 2019 5. Learned counsel for the applicant submits that there are discrepancies in the version of the prosecution witness. The learned trial Court ignoring the aforesaid aspect of the matter had wrongly convicted the applicant. The learned Appellate Court has also failed to take into consideration the lacunas in the prosecution case wherein there are serious discrepancies in the statement of the witnesses P.W.No.4 Shubangi Dewale and P.W.No.3 Vaishali Bhojane and other relevant witnesses examined by the prosecution. The applicant was on bail during trial and was further released on suspension of sentence by the learned Appellate Court. There is no allegations that the applicant has threatened the complainant or the family members. The applicant further undertakes to abide by any conditions that may be imposed by this Court. There are good grounds made in the revision. Hence, this Court has admitted the revision and revision will take its own time for hearing. Hence, substantive sentence may be suspended by granting bail and the application may be allowed. 6. As against this, Mrs. Kolhe, learned Additional Public Prosecutor opposes the bail application on the ground that there is every likelihood that the revision may be dismissed and trial Courts judgment convicting the applicant under Sections 354-A(1) and 451 of Indian Penal Code is likely to be upheld as there are good reasons given by the learned Appellate Court for convicting the appellant in the aforesaid Sections of SKNair 3 7-revn-267-26.odt Indian Penal Code. This is not a good case to release the applicant on bail and hence, the bail application may be rejected. 7. I have gone through the judgment dated 11.11.2019 passed by the learned Judicial Magistrate First Class, Teosa, convicting the applicant as well as the judgment dated 08.09.2026 passed by the learned Adhoc District Judge-1 and Additional Sessions Judge, Amravati in Criminal Appeal No. 243 of 2019. 8. The appellant is alleged to have outraged the modesty of the Complainant. There appears to be certain discrepancies in the prosecution case, which call for consideration of this Court in the Revision filed by the Applicant against the conviction. This Court has admitted the Revision, which will take its own time for final hearing. Since the Applicant was on bail during the trial as well as during the pendency of the appeal before the learned Appellate Court, and there are no allegations that the Applicant has ever threatened the Complainant or any of the witnesses, the matter warrants due consideration. Thus, I am inclined to exercise the discretion under Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to grant the bail on the application for suspension of sentence and pass the following order : ORDER i. The application is allowed; ii. The substantive sentence imposed upon the applicant vide judgment and order dated 11.11.2019 passed by the learned Judicial Magistrate First Class, Teosa in Regular Criminal Case No. 169 of 2017, thereby convicting the applicant for the offence punishable under SKNair 4 7-revn-267-26.odt Sections 354-A(1) and 451 of Indian Penal Code to suffer rigorous imprisonment for one year and with a fine of Rs.1500/- each of the offences, in default of payment of fine, applicant to suffer further rigorous imprisonment for one month in each of the offences, 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 01.10.2026. iv. The applicant is directed not to tamper with the evidence and shall not threaten the complainant or the witnesses. 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