Shalik Eknath Bali v. State Of Maharashtra Thr Pso. Ps. Malegaon, Dist. Washim

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION NO.264 OF 2025 IN CRIMINAL APPEAL NO.142 OF 2025 (Shalik Eknath Bali Vs. State of Maharashtra) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Mr. M. Agrawal, Advocate h/f Mr. S.V. Sirpurkar, Advocate for the appellant.

Mrs. H.N. Prabhu, APP for the State.

CORAM:- URMILA JOSHI-PHALKE, J.

DATED :- MARCH 18, 2025.

By this application, the appellant is seeking suspension of sentence and releasing him on bail. 2.

Learned Counsel for the appellant submitted that the appellant is convicted of the offence punishable under Sections 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 and sentenced to suffer rigorous imprisonment for three years and fine of Rs.5000/- in default to suffer Simple Imprisonment for one month. He is further convicted of the offence punishable under Section 354 of IPC and sentenced to suffer Simple Imprisonment for three years and to pay fine of Rs.3000/- as well as under Section 354-A of the IPC; however, no separate punishment is imposed.

3.

Learned Counsel for the appellant submitted that the limited period punishment is imposed. From the

impugned judgment learned Counsel for the appellant pointed out that he has many arguable points in the present appeal. The appeal would take its own time for its final disposal. In the meantime, if sentence is executed the purpose of preferring the appeal would frustrate. In view of that, he be released on bail and the execution of sentenced be suspended.

4.

Learned APP strongly opposed the application on the ground that the appeal itself is devoid of merits and therefore, the application deserves to be rejected. 5.

I have heard learned Counsel for both the parties and perused the impugned judgment from which learned Counsel for the appellant has pointed out that the punishment imposed is of a limited period and he has many arguable points in the present appeal. The appeal would take its own time for its final disposal. In the meantime, if sentence is executed the purpose of preferring the appeal would frustrate. In view of that, the application deserves to be allowed. Accordingly, I proceed to pass following order :

(i) The application is allowed.

(ii) The execution of the sentence vide order dated 18/02/2025 passed by the Additional Sessions Judge, Washim in Special Child Case No.36/2023 is hereby suspended till final disposal of the appeal.

(iii) The appellant - Shalik Eknath Bali be released on bail on executing P.R. Bond in the sum of Rs.25,000/- (Rs. Twenty Five thousand) with one surety, in the like amount.

6.

The application stands disposed of.

CRIMINAL APPEAL NO.142 OF 2025 Heard.

2.

ADMIT.

3.

Learned APP waives notice for the State.

4.

Call for R. & P.

5.

Place the appeal before the Court after preparation of the paper book.

(URMILA JOSHI-PHALKE, J.) *Divya