Ashok Samandhan Magar v. State Of Maharashtra Thr Pso Ps Buldhana
1 11-appeal-517-25.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APPA) NO. 888/2025 IN CRIMINAL APPEAL NO. 517/2025 Ashok Magar & Ors. Vs. State of Maharashtra, through, Police Station Officer, Police Station Buldana (Rural) Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. A. Thakkar, Advocate for Applicant Mr. A.R. Chutke, APP for Respondent No.1
CORAM:
NIVEDITA P. MEHTA, J.
DATED :
15th OCTOBER, 2025 CRIMINAL APPEAL NO. 517/2025 Heard.
ADMIT.
Call for record and proceedings.
Ms. Thakur, learned Additional Public Prosecutor waives service of notice for respondent No.1 / State.
CRIMINAL APPLICATION (APPA) No.888 /2025 The applicant has preferred the present application for suspension of sentence pending appeal and release of applicant on bail.
2.
The applicant has been convicted for the offence punishable under Section 8 of the Protection of Children from Sexual Offences Act, 2012 and sentenced to suffer rigorous imprisonment of three
2 11-appeal-517-25.odt years and to pay fine of Rs.2000/-, in default to suffer R.I. for one month.
The applicant is also convicted for the offence punishable under Section 354 of the IPC, but no separate sentence has been awarded to applicant as the punishment which is imposed on him has been already covered while imposing sentence under Section 8 of the POCSO Act.
The appliant is also convicted for the offence punishable under Section 323 of the Indian Penal Code and sentenced to suffer R.I. for one year and to pay fine of Rs.1000/- in default to suffer R.I. for 15 days.
The applicant is also 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.1000/- in default to suffer R.I. for 15 days.
3.
The learned counsel for the applicant submits that the applicant was on bail during the course of trial and he has not misused his liberty. Further it is the submission of the learned counsel for the applicant that the punishment imposed is of short term. He further submits that there is every possibility of the applicant succeeding in the appeal. 4.
Per contra, the learned Additional Public Prosecutor opposed the said application on the
3 11-appeal-517-25.odt ground that if the applicant is released on bail, the possibility of he tampering the prosecution witnesses and evidence cannot be ruled out.
5.
After considering the submissions of the learned counsel for the parties, the period of sentence and the fact that the appeal is likely to take time for final hearing, this Court is of the opinion that the application for suspension of sentence needs to be allowed. The substantive sentence imposed by the Special Judge, Buldana in Special Case No. 21/2020 is hereby suspended till final disposal of the appeal. The applicant shall be released on the following terms.
I.
The applicant shall execute PR bonds in the sum of Rs.15,000/- with one solvent surety in the like amount.
II.
The applicant shall report to the trial Court on the first day of every calendar month until further orders.
III.
The applicant shall furnish his current address proof and mobile number to the concerned trial Court and shall inform the Court of any change in address or the contact number.
6.
It is clarified that the learned APP / Investigating Officer shall be at liberty to make an application for cancellation of bail in the event of any
4 11-appeal-517-25.odt breach of conditions or any other sufficient cause. The criminal application is disposed off.
(NIVEDITA P. MEHTA, J.) MP Deshpande Signed by: Mr. M.P. Deshpande Designation: PA To Honourable Judge Date: 16/10/2025 15:11:36