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Bombay High CourtIA/3535/2025disposed off

Santosh Alias Raju Manik Patole v. The State Of Maharashtra And Another

2025-12-19Hon'Ble Shri Justice Shivkumar Dige3 pages

Harish

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATIOIN NO.3535 OF 2025 IN CRIMINAL APPEAL NO. 920 OF 2025 HARISH VITHAL CHAUDHARI Santosh Alias Raju Manik Patole ...Applicant

Versus

The State Of Maharashtra And Another

...Respondent

by HARISH VITHAL CHAUDHARI Date:

2025.12.23 18:22:28 +0530 ------- Mr. Satyajeet Shegunshi Advocate for the Applicant. Smt. P. S. Rane APP for the Respondent-State. -------

CORAM

:

SHIVKUMAR DIGE, J.

DATE :

19th DECEMBER, 2025 P.C.

1.

By this application, the applicant is seeking suspension of sentence and grant of bail in Special Case No.85 of 2024. 2.

It is contention of learned counsel for the applicant that applicant is convicted by learned Addl. Sessions Judge, Vita. TalKhanapur, Dist-Sangli in Special Case No.85 of 2024 by order dated 29th September, 2025 for the offences punishable under Section 354 of Indian Penal Code, 1860 and sentenced to suffer rigorous imprisonment for three years with fine of Rs.10,000/-, in default to suffer further simple imprisonment for one months, he also convicted

under Section Sections 8 of Protection of Children from Sexual Offences Act, 2012 and sentenced to rigorous imprisonment for four years with fine of Rs.20,000/-, in default to suffer further simple imprisonment for two months. The applicant has also directed to pay compensation to the victim of Rs.20,000/-. Learned counsel further submitted that during trial the applicant was on bail. The applicant has deposited the entire fine amount with compensation. Applicant is behind bar more than two months. It may take time to dispose off the appeal, hence requested to allow the application. 3.

Learned APP strongly objected to allow the application on the ground that if applicant released on bail, he may abscond and requested to reject the application.

4.

I have heard both learned counsel. Perused the impugned judgment and order passed by the Addl. Sessions Judge Vita. 5.

The sentence imposed upon the applicant is short terms sentence. Applicant is behind bar more than two months. During trial he was on bail. Applicant has not misused of liberty. Considering these facts, I pass following order :

ORDER

I.

The Application is allowed;

II.

The substantive sentence of imprisonment awarded to the

applicant by the learned Addl. Sessions Judge, Vita. TalKhanapur, Dist-Sangli in Special Case No.85 of 2024 by order dated 29th September, 2025 is hereby suspended pending disposal of appeal.

III. The applicant be enlarged on bail on furnishing PR bond in the sum of Rs.20,000/- with one or two sureties in the like amount.

IV.

The bail bonds to be furnished before the learned Addl. Sessions Judge, Vita. Tal-Khanapur, Dist-Sangli. 6.

The application is allowed in the aforesaid terms and is accordingly disposed off.

(SHIVKUMAR DIGE, J.)