Kajal Babu Chandan v. State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 4515 OF 2025 IN CRIMINAL APPEAL NO. 1205 OF 2025 Ms. Kajal Babu Chandan ...Applicant

Versus

The State of Maharashtra And Anr.

...Respondents

Mr. Manish Rathod, for the Applicant.

Ms. S. K. Gajare, APP, for the Respondent No.1-State.

CORAM:

R. M. JOSHI, J.

DATED:

13th MARCH, 2026 PC:- 1.

This application is filed for suspension of sentence and enlargement of the Applicant on bail in connection with Judgment and Order dated 15.10.2025, passed in Special POCSO Case No. 418 of 2022, whereby the Applicant is sentenced to suffer seven years imprisonment with fine for the offences punishable under Sections 366-A, 370(1)(2), 372 of the Indian Penal Code and Sections 4, 5 of Immoral Traffic (Prevention) Act, and Section 17 of the Protection of Children from Sexual Offences Act, 2012 (for short "POCSO Act").

2.

Learned Counsel for the Applicant/Appellant submits that out of seven years of imprisonment, the Applicant has already undergone more than four years of actual imprisonment. It is his

submission that the appeal is not likely to be heard in short period of time and hence the appeal may become infructuous. 3.

Ld. APP and Ld. Counsel for the Respondent No.2 opposed the Application citing the seriousness of the crime. 4.

Applicant/Appellant is lady. She is sentenced to suffer seven years imprisonment. She has already undergone more than half sentence. The appeal is not likely to be heard in short period of time. Hence, on this count alone the Application stands allowed. Hence, following order.

O R D E R

i) The Interim Application stands allowed.

ii) The substantive sentence imposed against the Applicant/Appellant by the Judgment and order dated 15.102025 passed in Special POCSO Case No. 418 of 2022, stands suspended till the decision of the Appeal.

iii) The Applicant be enlarged on bail, on furnishing P. R. Bond of Rs.15,000/- with one surety, in the like amount to the satisfaction of the Trial Court. iv) Applicant is prohibited from contacting victims in any manner whatsoever.

v) It is clarified that in case of breach of the above condition shall lead forthwith vacation of this order and the Applicant would be call upon to undergo remaining sentence.

5.

In view of the above, Interim Application stands disposed of. 6.

It is clarified that the above observations are made on prima facie consideration of the material on record and the same shall not bind the parties during the final hearing of the Appeal. CRIMINAL APPEAL NO. 1205 OF 2025 7.

Admit.

8.

Call Record and Proceeding.

9.

Issue notice to the Respondents.

10.

APP waives service of notice on behalf of the RespondentState and Ms. Rachita Avinash Padwal, is appointed to represent the Respondent No.2 in Appeal.

(R. M. JOSHI, J.) VDMokal/-