Rahul S/O Nirmal Kunwar v. State Of Maharashtra Thr Pso Mankapur Ps Dist Nagpur

943appa378.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO. 668 OF 2025 IN CRIMINAL APPEAL NO.

OF 2025 Rahul s/o Nirmal Kunwar 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. Roshan Pandit, counsel for applicant/appellant. Mrs. Sneha Dhote, APP for respondent/State.

CORAM : URMILA JOSHI-PHALKE, J.

DATED : 12/08/2025.

1.

Heard.

2.

Learned counsel for the applicant seeks leave to add non-applicant No.2/victim as a necessary party 3.

Leave is granted to the appellant to add nonapplicant No.2/victim as a necessary party. 4.

By this application, the applicant is seeking suspension of sentence and releasing him on bail. 5.

Heard learned counsel for the applicant, who submitted that the applicant was convicted for the offence punishable under Section 8 of the Protection of Children from Sexual Offences Act and sentenced to suffer R.I. for three years and to pay fine of Rs. 5,000/-, in default to suffer R.I. for three months. He is further convicted for the offence punishable under Section 506 of the Indian Penal Code and sentenced to suffer R.I. for one year and to pay fine of Rs.2000/-, in default, to suffer R.I. for two months. rkn

943appa378.2025.odt 6.

Learned counsel for the applicant submitted that applicant has many arguable points in the present appeal. The punishment imposed is of a limited period. The appeal would take its own time for its final disposal. In the meantime, if the sentence is executed, the appeal would become infructuous and prays for releasing him on bail. 7.

In the meantime time, the execution of the sentence is suspended till appearance of the non-applicant no.2/victim in this application.

8.

The applicant shall be released on interim bail on executing P.R. Bond of Rs. 25,000/- with one surety of like amount.

9.

Stand over after four weeks.

[URMILA JOSHI-PHALKE, J.] rkn