Shalik Eknath Bali Vs State of Maharashtra Thr… — Child Sexual Offences (POCSO) | Bombay HC (2025)

Shalik Eknath Bali Vs State of Maharashtra Thr… — Child Sexual Offences (POCSO) | Bombay HC (2025)

What the court decided

AI extract

Outcome

Application allowed and disposed of: execution of the sentence (order dated 18/02/2025, Special Child Case No.36/2023) suspended till final disposal of Criminal Appeal No.142 of 2025; appellant released on P.R. Bond of Rs.25,000 with one surety in the like amount. Criminal Appeal No.142 of 2025 admitted, notice waived by learned APP, R. & P. called for.

Issue for consideration

Whether the appellant, convicted and sentenced in Special Child Case No.36/2023, is entitled to suspension of execution of sentence and release on bail pending final disposal of Criminal Appeal No.142 of 2025.

Court's answer

Since the punishment imposed is of a limited period, the appeal would take its own time for final disposal, and the appellant has many arguable points, execution of the sentence in the interim would frustrate the purpose of preferring the appeal; the application for suspension of sentence and release on bail therefore deserves to be allowed.

Ratio / Principle

Execution of the sentence imposed by order dated 18/02/2025 of the Additional Sessions Judge, Washim in Special Child Case No.36/2023 is suspended till final disposal of the appeal.

Key takeaways

Appellant Shalik Eknath Bali is to be released on bail on executing a P.R. Bond of Rs.25,000 with one surety in the like amount.ratio¶¶23

Detailed headnote1 paragraphs

Bombay High Court (Nagpur Bench), Urmila Joshi-Phalke, J.: Allowed Criminal Application No.264 of 2025 in Criminal Appeal No.142 of 2025 (Shalik Eknath Bali v. State of Maharashtra). The appellant stood convicted by the Additional Sessions Judge, Washim in Special Child Case No.36/2023 (order dated 18/02/2025) under Sections 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 (rigorous imprisonment three years and fine Rs.5000, default Simple Imprisonment one month), under Section 354 IPC (Simple Imprisonment three years and fine Rs.3000), and under Section 354-A IPC without separate punishment. Holding that the punishment was of a limited period, that the appeal contained many arguable points, and that executing the sentence pending appeal would frustrate its very purpose, the Court suspended execution of the sentence till final disposal of the appeal and directed release of the appellant on a P.R. Bond of Rs.25,000 with one surety in the like amount. The appeal was admitted; the learned APP waived notice for the State; R. & P. was called for.

1

935.appa.264.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION NO.264 OF 2025 IN

CRIMINAL APPEAL NO.142 OF 2025

(Shalik Eknath Bali Vs. State of Maharashtra)

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

Mr. M. Agrawal, Advocate h/f Mr. S.V. Sirpurkar, Advocate for the appellant.

Mrs. H.N. Prabhu, APP for the State.

CORAM:- URMILA JOSHI-PHALKE, J. DATED :- MARCH 18, 2025.

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

Learned Counsel for the appellant submitted that the appellant is convicted of the offence punishable under Sections 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 and sentenced to suffer rigorous imprisonment for three years and fine of Rs.5000/- in default to suffer Simple Imprisonment for one month. He is further convicted of the offence punishable under Section 354 of IPC and sentenced to suffer Simple Imprisonment for three years and to pay fine of Rs.3000/- as well as under Section 354-A of the IPC; however, no separate punishment is imposed.

Learned Counsel for the appellant submitted that the limited period punishment is imposed. From the

2

935.appa.264.25.odt

impugned judgment learned Counsel for the appellant pointed out that he has many arguable points in the present appeal. The appeal would take its own time for its final disposal. In the meantime, if sentence is executed the purpose of preferring the appeal would frustrate. In view of that, he be released on bail and the execution of sentenced be suspended.

Learned APP strongly opposed the application on the ground that the appeal itself is devoid of merits and therefore, the application deserves to be rejected.

I have heard learned Counsel for both the parties and perused the impugned judgment from which learned Counsel for the appellant has pointed out that the punishment imposed is of a limited period and he has many arguable points in the present appeal. The appeal would take its own time for its final disposal. In the meantime, if sentence is executed the purpose of preferring the appeal would frustrate. In view of that, the application deserves to be allowed. Accordingly, I proceed to pass following order :

(i) The application is allowed.

(ii) The execution of the sentence vide order dated 18/02/2025 passed by the Additional Sessions Judge, Washim in Special Child Case No.36/2023 is hereby suspended till final disposal of the appeal.

3

935.appa.264.25.odt

(iii) The appellant – Shalik Eknath Bali be released on bail on executing P.R. Bond in the sum of Rs.25,000/- (Rs. Twenty Five thousand) with one surety, in the like amount.

The application stands disposed of.

CRIMINAL APPEAL NO.142 OF 2025

Heard.

ADMIT .

Learned APP waives notice for the State.

Call for R. & P.

Place the appeal before the Court after preparation of the paper book.

(URMILA JOSHI-PHALKE, J.)

*Divya