Allowed¶18

Harilal S/O Sadhu Nagpure ( in Jail) v. State of Maha Thr Pso, Ps Dawaniwada

Bombay HC14 Feb 2025APPA/149/2025

Case brief

AI extract

What is this about?

Suspension of sentence; bail pending appeal; interim relief in criminal appeal; conviction under Section 354 IPC, 1860 and Section 8 (reference also to Section 7) of the Protection of Children from Sexual Offences Act, 2012; Special Case No. 10/2019; Sessions Judge, Gondia; P.R. Bond Rs. 25,000 with one solvent surety; fine Rs. 1,000 with default simple imprisonment six months; appeal admitted and listed for final disposal after paper-book; Bombay High Court Nagpur Bench; Urmila Joshi-Phalke, J.; Harilal s/o Sadhu Nagpure v. State of Maharashtra; decided 14/02/2025.

What did the court decide?

Suspension of execution of the sentence passed in Special Case No. 10/2019 till disposal of the appeal; appellant released on bail on P.R. Bond of Rs. 25,000/- with one solvent surety of the like amount. ¶18

Harilal S/O Sadhu Nagpure ( in Jail) Vs State… — Child Sexual Offences (POCSO) | Bombay HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the appellant's sentence should be suspended and the appellant released on bail pending disposal of the criminal appeal.

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Court's answer

Considering the arguable points in the appeal and that the punishment imposed is of a limited period while the appeal would take time for final disposal, the criminal application deserves to be allowed.

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Ratio / Principle

Execution of the sentence passed in Special Case No. 10/2019 by the Sessions Judge, Gondia is suspended till disposal of the appeal.

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Key takeaways

The applicant is to be released on bail on executing a P.R. Bond of Rs. 25,000/- with one solvent surety of the like amount.ratio¶20
The underlying Criminal Appeal (Stamp No. 1284 of 2025) was admitted; the learned APP waived service of notice for the respondent/State; the appeal is to be listed for final disposal after preparation of the paper-book.ratio¶30

Detailed headnote1 paragraphs

High Court of Judicature at Bombay, Nagpur Bench (Urmila Joshi-Phalke, J., 14/02/2025): Criminal Application (APPA) No. 149 of 2025 in Criminal Appeal Stamp No. 1284 of 2025 — Harilal s/o Sadhu Nagpure (In Jail) v. State of Maharashtra. The appellant, convicted for the offence punishable under Section 354 of the Indian Penal Code, 1860 and under the Protection of Children from Sexual Offences Act, 2012, and sentenced by the Sessions Judge, Gondia in Special Case No. 10/2019 to simple imprisonment for three years and a fine of Rs. 1,000/- (in default, simple imprisonment for six months), applied for suspension of sentence and release on bail pending disposal of his appeal. The Court noted the punishment is of a limited period, that the appeal would take its own time, and that the appellant had pointed out many arguable points from the impugned judgment; the learned APP opposed, contending that re-appreciation of evidence is not permissible at that stage. The Court held the application deserved to be allowed: the execution of the sentence is suspended till disposal of the appeal, and the applicant is to be released on bail on executing a P.R. Bond of Rs. 25,000/- with one solvent surety of the like amount. The criminal application was disposed of accordingly; the underlying criminal appeal was admitted, the State's notice was waived, and the appeal was directed to be listed for final disposal after preparation of the paper-book.

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27appa149.2025.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

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CRIMINAL APPLICATION (APPA) NO. 149 OF 2025 IN CRIMINAL APPEAL STAMP NO. 1284 OF 2025

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Harilal S/O Sadhu Nagpure( In Jail) Vs State Of Maharashtra

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Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order

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Mr. R.P.Durge, counsel for applicant/appellant.

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Mr. V.A.Thakre, APP for respondent/State.

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CORAM : URMILA JOSHI-PHALKE, J. DATED : 14/02/2025.

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By this application, the appellant is seeking suspension of sentence and releasing the appellant on bail.

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Heard learned counsel for the appellant, who submitted that appellant is convicted for the offence punishable under Section 354 of the Indian Penal Code, 1860, and Section 8 of the Protection of Children from Sexual Offences Act, 2012.

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The appellant is convicted of the offence punishable under Section 7 punishable under Section 8 of the Protection of Children from Sexual Offences Act, 2012, and sentenced to suffer simple imprisonment for three years and fine of Rs. 1,000/-, in default of a fine, simple imprisonment for six months. He submitted that punishment is of a limited period and the appeal would take its own time for its final disposal. In the meantime, the sentence is executed, the appeal would become

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2 27appa149.2025.odt

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infructuous. From the impugned judgment also, he has pointed out that he has many arguable points in the present appeal. Considering the same, he prays for suspension of sentence and releasing the appellant on bail.

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Learned APP strongly opposed the said application and submitted that re-appreciation of the evidence is not permissible at this stage. The appeal itself is devoid of merits, and therefore, the application deserves to be rejected.

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After hearing both sides and perusing the impugned judgment, from which the learned counsel for the appellant has pointed out that he has many arguable points in the appeal. Moreover, the punishment imposed is of a limited period, the appeal would take its own time for its final disposal. Considering all these aspects, the application deserves to be allowed.

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a] The criminal application is allowed.

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b] The execution of the sentence passed in Special Case No. 10/2019 passed by the Sessions Judge, Gondia, is hereby suspended till disposal of the appeal.

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