Bhagwan Bhau Dalvi v. The State Of Maharashtra And ANR

75-IA-2856-2025 (CR).doc S.S.Kilaje IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2856 OF 2025 IN CRIMINAL APPEAL NO. 789 OF 2025 Bhagwan Bhau Dalvi ... Applicant

Versus

The State of Maharashtra & Anr.

... Respondents ____________________________________________________________ Mr. Dheeraj Panchange, Advocate for the Applicant. Mr. P.P.Jadhav, APP for Respondent-State.

_________________________________________________________________ SONALI SATISH KILAJE by SONALI SATISH KILAJE Date:

2026.01.16 18:06:57 +0700

CORAM

: SHIVKUMAR DIGE, J.

DATE : 14th JANUARY, 2026.

P.C. :

1.

By this application, the applicant is seeking suspension of sentence.

2.

It is contention of learned counsel for the applicant that applicant has been convicted under Sections 354 and 509 of Indian Penal Code, 1860 (for short "IPC") and sentenced to suffer one year simple imprisonment and pay fine of Rs.5,000/- and in default to suffer simple imprisonment for 1 month. During the trial applicant was on bail, hence requested to allow the application.

3.

Learned APP strongly objected to allow the application on the ground if applicant's sentence is suspended he may abscond, hence

75-IA-2856-2025 (CR).doc S.S.Kilaje requested to reject the application.

4.

I have heard both learned counsel. Perused impugned Judgment and order. The applicant has deposited the fine amount. During the trial he was on bail. He has not misused the liberty. In view of above, I pass following order.

ORDER

i.

The substantive sentence imposed on the applicant in Special Case [POCSO] No. 10 of 2013 is suspended till disposal of the appeal.

ii.

The applicant be enlarged on bail on furnishing P.R.Bond in the sum of Rs. 25,000/- with one or two sureties in the like amount.

iii.

The bail bond to be furnished before the Trial Court. 5.

Interim application stands disposed of.

(SHIVKUMAR DIGE, J.)