Anil Gangaram Kadam v. The State Of Maharashtra And Another

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 906 CRIMINAL APPLICATION NO. 2849 OF 2025 IN APEAL/561/2025 ANIL GANGARAM KADAM ....Applicant

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER .....Respondent WITH CRIMINAL APPEAL NO. 561 OF 2025 Mr. M. M. Ambhore, Advocate for the applicant Mr. B. A. Shinde, APP for the respondents/State CORAM : ABHAY J. MANTRI, J.

DATE : 30th SEPTEMBER, 2025 PER COURT :

1.

The applicant/accused has filed this application to suspend the substantive sentence imposed by order dated 02-07-2025 passed by the learned Special Judge (POCSO), Parbhani, in Special Case No. 267/2023.

2.

Heard the learned advocate for the applicant and learned APP for the respondent/State.

3.

None appeared for respondent No.2, though appointed. 4.

Perused the impugned judgment and record.

5.

At the outset, it appears that during the trial, the applicant was on bail. After a conviction order was passed, the

(2) applicant was released on bail on the same date on furnishing PB and SB of Rs. 25,000/-.

6.

Being aggrieved by the same, the applicant/appellant has preferred the criminal appeal. By order dated 29-07-2025, this court has continued the order passed by the learned Trial Court till this date. It also contended that the applicant deposited the entire fine amount with the learned trial court.

7.

Considering the aforesaid facts and grounds raised in the appeal memo, in my view, it would be appropriate to suspend the substantive sentence imposed on the applicant by the impugned judgment and order and release him on bail till the disposal of the appeal. The appeal will take its own time to be finally decided. 8.

In view of the above, the criminal application is allowed as prayed for. The substantive sentence imposed by order dated 0207-2025 passed by the learned Special Judge (POCSO), Parbhani, in Special Case No. 267/2023 is hereby suspended till the disposal of the appeal. The bail bonds executed by the applicant before the learned Trial Court shall continue until the appeal is disposed of. CRIMINAL APPEAL NO. 561 OF 2025.

1.

Heard.

2.

Considering the grounds raised in the appeal memo, the appeal is 'admitted'.

(3) 3.

Issue notice to the respondents. The learned APP waives service of notice for the respondent/State.

4.

Call for R & P along with the paper book.

5.

List the appeal after receipt of R & P.

[ABHAY J. MANTRI, J. ] VishalK/906criapln2849.25.odt