Nilesh Ramesh Chimantrawar v. State Of Maharashtra Through Police Station Officer Police Station Station Ambazari

1 7-APPA-830-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APPA) NO. 830/2025 IN CRIMINAL APPEAL NO. 490/2025 Nilesh S/o Ramesh Chimantrawar Vs. State of Maharashtra, Through Police Station Officer, Police Station Ambazari, Nagpur Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. R. Khapekar, Advocate for Appellant / Applicant Mr. A.R. Chutke, APP for Respondent

CORAM:

NIVEDITA P. MEHTA, J.

DATED :

3rd OCTOBER, 2025 1.

The applicant has preferred the present application under Section 464 of the Bhartiya Nagrik Suraksha Sanhita, 2023 (corresponding to Section 389 of the Code of Criminal Procedure, 1973), seeking suspension of sentence and grant of bail, pending the final disposal of the appeal.

2.

The applicant has been convicted for an offence punishable under Section 12 of the Protection of Children from Sexual Offences Act, 2012, and sentenced to undergo Rigorous Imprisonment for six months and to pay a fine of 5,000/- ₹ , in default to suffer Rigorous Imprisonment for one month.

3.

Learned counsel for the applicant submits that the applicant was on bail throughout the trial and has not misused the liberty granted to him. It is further submitted that the applicant has been sentenced to a

2 7-APPA-830-2025.odt short term of imprisonment and that there are substantial grounds to argue in appeal, giving rise to a reasonable possibility of success. It is also contended that considering the heavy pendency of criminal appeals, there is a remote likelihood of the appeal being heard in the near future.

4.

The learned Additional Public Prosecutor has vehemently opposed the application, submitting that the conviction is based on sound appreciation of evidence and does not warrant interference.

5.

Upon consideration of the rival submissions and perusal of the record, including the depositions and the impugned judgment, it appears that the applicant has been awarded a short-term sentence. Considering the facts and circumstances, and without expressing any opinion on the merits of the appeal, this Court is of the opinion that suspension of sentence can be granted, subject to stringent conditions.

Hence, the following order.

I.

The substantive sentence imposed upon the applicant is suspended pending the final disposal of the appeal.

II.

The applicant is directed to be released on bail on furnishing a Personal Recognizance (PR) bond of 10,000/ ₹ - with one solvent surety of like amount, to the satisfaction of the trial Court.

3 7-APPA-830-2025.odt III.

The applicant shall report to the Investigating Officer, Police Station Ambazari, Nagpur, as and when called for investigation or inquiry.

IV.

The applicant shall furnish his permanent residential address and active mobile number to the Investigating Officer and shall keep the same updated in case of any change.

V.

Any breach of the above conditions shall entail consequences in accordance with law, including cancellation of bail.

The application stands disposed off.

CRIMINAL APPEAL NO. 490/2025 Heard.

ADMIT.

The learned APP waives service of notice for respondent.

Call R & P.

List the appeal for further consideration on 10.11.2025.

(NIVEDITA P. MEHTA, J.) MP Deshpande Signed by: Mr. M.P. Deshpande Designation: PA To Honourable Judge Date: 03/10/2025 15:55:52