Nitin Subhash Somani v. The State Of Maharashtra

2025:BHC-AUG:20849

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 918 CRIMINAL APPLICATION NO. 918 OF 2025 IN APPEAL/165/2025 NITIN SUBHASH SOMANI

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Ramanand A. Karwa (Absent) APP for Respondent/State: Mr. N. B. Patil Advocate for Respondent No.2 :

Ms. Sayali S. Tekale (Appointed) ...

WITH CRIMINAL APPEAL NO. 165 OF 2025 ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 06.08.2025 P.C. :

1] None present for the applicant.

2] The present application is filed by the applicant for suspension of substantive sentence imposed on him in Special Case No.95/2023, dated 04.02.2025, by learned Special Judge, Parbhani, District Parbhani. The applicant has been convicted thus:

"34.

In the result, I proceed to pass the following order:-

ORDER

1] The accused - Nitin Subhash Somani is convicted U/sec.235(2) of the Code of Criminal Procedure, 1973, for the offence punishable U/Sec.354-A and 506 of the Indian Penal Code, 1860 and Sections 8 of the Protection of Children from Sexual Offence Act, 2012 and sentenced to suffer following imprisonment:- (A) For offence under section 354-A of the Indian Penal Code, 1860, he shall suffer rigorous imprisonment for 01 (One) year and to pay fine of Rs.1,000/- (Rupees One Thousand Only), in default of payment of fine, to suffer simple imprisonment for 01 (One) month.

(B) For offence under section 506 of the Indian Penal Code, 1860, he shall suffer simple imprisonment for 06 (Six) Months and to pay fine of Rs.500/- (Rupees Five Hundred Only), in default of payment of fine, to suffer simple imprisonment for 15(Fifteen) Days.

(C) For the offence punishable under Sections 8 of the Protection of Children from Sexual Offence Act, 2012, he shall suffer rigorous imprisonment for 03 (Three) Years and to pay fine of Rs.2,000/- (Rupees Two Thousand Only), in default of payment of fine, to suffer simple imprisonment for 02 (Two) Months.

2] All the sentences shall run concurrently.

"

3] Perused the record. The Maximum sentence imposed on the applicant is of 3 years. The appeal will take substantial time for hearing.

4] Considering the above, I pass the following order :

ORDER

i] The Criminal Appeal No.165 of 2025 is admitted.

ii] Criminal Application No.918 of 2025 is allowed. iii] The substantive sentence imposed on the applicant in Special Case No.95/2023, dated 04.02.2025, by learned Special Judge, Parbhani, District Parbhani, stands suspended till the final hearing and disposal of Criminal Appeal.

iv] The applicant be released on bail on furnishing P.R. bond of Rs.20,000/- with one or two sureties in the like amount to the satisfaction of the trial court. v] Bail before the trial Court.

vi] Ms. Sayali S. Tekale, learned appointed counsel for respondent no.2 shall be paid fees of Rs.10,000/- by the High Court Legal Services Sub-committee, Aurangabad. [ARUN R. PEDNEKER] JUDGE marathe