Manjitsinh Kashmirsinh Vallah v. The State Of Maharashtra And Another

2025:BHC-AUG:18500

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 919 CRIMINAL APPLICATION NO. 1115 OF 2025 IN APPEAL/204/2025 MANJITSINH KASHMIRSINH VALLAH

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant :

Ms. Meenal S. Deshmukh h/f. Mr. Suniket Anil Kulkarni APP for Respondent/State: Mr. N. D. Batule Advocate for Respondent No.2 : Mr. Avinash Patil (Appointed) ...

WITH CRIMINAL APPEAL NO. 204 OF 2025 ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 16.07.2025 P.C. :

1] Heard.

2] The present application has been filed by the applicant for suspension of substantive sentence imposed on him in Special Case No.79/2020, dated 13.03.2025, by learned Special Judge (POCSO), Additional Sessions Judge, Dhule. The applicant has been convicted thus: "1.

Accused Manjitsinh Kashmirsinh Vallah, is convicted vide Section 235(2) of the Code of Criminal Procedure for the offences punishable under Section 354-A(ii) of the Indian Penal Code, and Section 12 of The Protection of Children From Sexual Offences Act, 2012.

2.

The accused is sentenced to suffer Rigorous Imprisonment for two years and to pay fine of Rs.2,000/- (Rs. Two Thousand only) in respect of offence punishable under Section 12 of The Protection of Children From Sexual Offences Act, 2012. In default of payment of fine, he is further sentenced to suffer Simple Imprisonment for two months."

3] From the grounds made in the appeal memo, so also, since, the appeal would take substantial time for conclusion, the sentence can be suspended.

4] The Criminal Appeal No.204/2025 is admitted.

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

ORDER

i] Criminal Application is allowed.

ii] The substantive sentence imposed on the applicant in Special Case No.79/2020, dated 13.03.2025, by learned Special Judge (POCSO), Additional Sessions Judge, Dhule, stands suspended till the final hearing and disposal of Criminal Appeal.

iii] 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.

iv] Bail before the trial Court.

v] Mr. Avinash Patil, learned counsel appointed for respondent no. 2 shall be paid fees of Rs.10,000/- by the High Court Legal Services Sub-committe, Aurangabad. [ARUN R. PEDNEKER] JUDGE marathe