Adarsh Ganpat Mohotkar v. The State Of Maharashtra Thr Ps Soaner Nagpur
2026:BHC-NAG:1553 1 25) APPA 3-26 in Apeal 2-26111
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APPA) NO. 03 OF 2026 IN CRIMINAL APPEAL NO. 02 OF 2026 ADARSH GANPAT MOHOTKAR VS STATE OF MAHARASHTRA AND ANR.
____________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.
Ms. Jagruti Kurwe, Advocate h/f. Shri C.R.Thakur, Advocate for appellant/applicant.
Ms. Sneha Dhote, APP for respondent/State.
Ms. Neha Agrawal, Advocate for respondent no. 2.
CORAM
:
NEERAJ P. DHOTE, J.
DATE :
30/01/ This is an application for suspension of sentence imposed by the learned Additional Sessions Judge-16 (Spl. POCSO), Nagpur in Special (POCSO) Case No. 244/2024 by the judgment and order dated 20/12/2025 convicting and sentencing the Applicant/Appellant as follows:- "1. Accused is hereby acquitted vide section 235(1) of the Code of Criminal Procedure for the offence punishable under section 67 of the Information Technology Act.
2. Accused is hereby convicted vide section 235(2) of the Code of Criminal Procedure for the offences punishable under section 354, 354-A, 354-D, 341 and 506(2) of the Indian Penal Code and section 8 & section 12 of Protection of Children from Sexual Offences Act, 2012.
3. For the offence under section 354 of the Indian Penal Code, the accused is sentenced to suffer rigorous imprisonment for 04 years and to pay fine of Rs.4,000/- (Rs. Four Thousands only) in default to suffer simple imprisonment for one year.
2 25) APPA 3-26 in Apeal 2-26222
4. For the offence under section 341 of the Indian Penal Code, the accused is sentenced to suffer simple imprisonment for 01 month and to pay fine of Rs.500/- (Rs. Five Hundred only) in default to suffer simple imprisonment for one month.
5. For the offence under section 506(2) of the Indian Penal Code, the accused is sentenced to suffer rigorous imprisonment for 03 years and to pay fine of Rs.3,000/- (Rs. Three Thousands only) in default to suffer simple imprisonment for six months.
6. For the offence under section 7 read with section 8 of Protection of Children from Sexual Offences Act, 2012 the accused is sentenced to suffer rigorous imprisonment for 04 years and to pay fine of Rs.5,000/- (Rs. Five Thousands only) in default to suffer simple imprisonment for one year.
7. For the offence under section 11 read with section 12 of Protection of Children from Sexual Offences Act, 2012 the accused is sentenced to suffer rigorous imprisonment for 02 years and to pay fine of Rs.4,000/- (Rs. Four Thousands only) in default to suffer simple imprisonment for six months.
8. Substantive sentences to run concurrently.
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2.
Heard learned Advocate for the Applicant/Appellant, learned APP for the State and learned Advocate for the Respondent no. 2-victim. Perused the papers on record.
3 25) APPA 3-26 in Apeal 2-26333 3.
It is the case of the prosecution that, the Applicant/Appellant was stalking the victim and used to demand sexual favours. The Applicant/Appellant indulged in the act of sexual assault on the victim. On the basis of the evidence available on record, the learned Trial Court convicted and sentenced the Applicant/Appellant as referred above.
4.
The sentence awarded to the Applicant/Appellant is a term sentence of four (4) years. He was on Bail during trial. The Applicant/Appellant has suffered incarceration for 83 days. The Appeal is recently admitted and there is no possibility that, the same would be heard finally in near future. In this view of the matter, I am inclined to allow the Application. Hence, the following order:-
ORDER
[I] Criminal Application is allowed.
[II] The substantive sentence imposed upon the Applicant/Appellant namely Adarsh Ganpat Mototkar, by the learned Additional Sessions Judge-16 (Spl. POCSO), Nagpur vide Judgment and Order dated 20/12/2025, passed in Special (POCSO) Case No. 244/2024, is hereby suspended till the final disposal of the Appeal. [III] The Applicant/Appellant be released on bail on furnishing P.R. bond of Rs.25,000/- [Rupees Twenty Five Thousand Only] with one surety in the like amount. [IV] The Applicant shall co-operate in early disposal of the Appeal.
4 25) APPA 3-26 in Apeal 2-26444 [V] Bail before the Trial Court.
[VI] For this Application, fees of the learned Advocate Ms. Neha Agrawal, appointed to represent the Respondent no. 2 - Victim is quantified at Rs. 7,500/- [Rupees Seven Thousand Five Hundred Only], which shall be paid by the High Court Legal Services Sub-Committee, Nagpur. [VII] Criminal Application stands disposed of accordingly. (NEERAJ P. DHOTE, J.) B.T.K.
Signed by: Mr. B.T. Khapekar Designation: PA To Honourable Judge Date: 30/01/2026 20:08:10