Aasif Shaikh S/O Babbu Shaikh v. State Of Maharashtra Through Its Plice Station, Police Officer Bela Pso Nagpur
1 3-APPA-1262-24.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APPA) NO. 1262/2024 IN CRIMINAL APPEAL NO. 758/2024 Aasif Shaikh S/o Babbu Shaikh Vs. The State of Maharashtra, Through Police Station Officer, Police Station Bela and another WITH CRIMINAL APPEAL Nos. 42/2024, 229/2024, 797/2023 Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. R.L. Kadu, Advocate for Applicant / Appellant Mr. S.S. Hulke, APP for Respondent No.1 Mr. N.P. Singhania, Adv. for Respondent No.2
CORAM:
NIVEDITA P. MEHTA, J.
DATED :
7th OCTOBER, 2025 1.
Heard.
2.
By this application, the applicant is seeking suspension of sentence in Special Case No. 243/2016, passed by the learned Sessions Judge, Nagpur, thereby convicted the applicant / accused along with other coaccused for offences punishable under Sections 366-A and 506 of the Indian Penal Code, 1860 and under Section 6 of the Protection of Children from Sexual Offences Act, 2012.
3.
It is contended by the learned counsel for the applicant that there is no allegations against the present applicant in the FIR. The FIR came to be lodged against the main accused namely Anil alias Anna Hansraj Neware. He further submits that the
2 3-APPA-1262-24.odt application for suspension of sentence of other coaccused has been granted by the Co-ordinate Bench of this Court.
4.
Per contra, Mr. Hulke, learned Additional Public Prosecutor for respondent-State and Mr. Singhaniya, learned counsel for the respondent No.2 submits that the impugned judgment and order passed by the Special Court, Nagpur is based on the proper appreciation of evidence led by the prosecution and therefore, has sought rejection of the application filed by the applicant.
5.
Having gone through the impugned judgment and order dated 01.09.2023 as well as FIR, there are no allegations against the present applicant. The Coordinate Bench of this Court have suspended sentence of co-accused namely Yogesh Narad, Akash Dilip Wagahde and the main accused Anil @ Anna Hansraj Neware. Hence, I proceed to pass following order.
ORDER
I.
The Criminal Application is allowed.
II.
Execution of sentence is suspended till final disposal of the appeal.
III.
The applicant is released on bail in the sum of Rs.15,000/- with one surety in like amount.
3 3-APPA-1262-24.odt IV.
The applicant shall attend the concerned trial Court on first day of every month and the trial Court shall record his presence.
V.
The applicant shall furnish his mobile phone number and address along with address proof to the trial Court.
The Criminal Application stands disposed of accordingly.
Mr. N.P. Singhaniya, learned counsel to appear for the respondent No.2 - victim in all other connected appeals.
(NIVEDITA P. MEHTA, J.) MP Deshpande Signed by: Mr. M.P. Deshpande Designation: PA To Honourable Judge Date: 07/10/2025 18:48:39