Arbaj S/O Bhaiyya Khan Vs the State of Maharashtra and Another — Bombay HC (2025) — LawSathi Research

Arbaj S/O Bhaiyya Khan Vs the State of Maharashtra and Another — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Suspension of the substantive sentence of imprisonment imposed on appellant No.2 Arbaj Bhaiyya Khan by the trial Court in Special Case (POCSO) No. 97 of 2021 during the pendency of Criminal Appeal No. 402 of 2022; release on bail on personal bond of Rs. 15,000/- (Rupees Fifteen Thousand) with one surety in the like amount; and payment of the appointed advocate's fees for respondent No.2/victim by the High Court Legal Services Sub Committee, Aurangabad as per schedule.

Issue for consideration

Whether the substantive sentence of imprisonment of appellant No.2, Arbaj Bhaiyya Khan (convicted under Section 506 IPC in Special Case (POCSO) No. 97 of 2021), should be suspended and he released on bail during the pendency of Criminal Appeal No. 402 of 2022.

Court's answer

Considering the applicant's earlier release (post-conviction bail continued by this Court till 19.10.2022) and that this Court had already suspended the substantive sentence of appellant No.1, the application stands allowed.

Ratio / Principle

The substantive sentence imposed upon the applicant by the learned trial Judge in Special Case (POCSO) No. 97 of 2021 is suspended during the pendency of the appeal.

Key takeaways

The appellant Arbaj Bhaiyya Khan is to be released on bail on executing a personal bond of Rs. 15,000/- (Rupees Fifteen Thousand) with one surety in the like amount.ratio¶4
Ancillary direction: the High Court Legal Services Sub Committee, Aurangabad shall pay the fees of the learned Advocate for respondent No.2/victim as per schedule.obiter¶6

Detailed headnote1 paragraphs

Criminal Application No. 1757 of 2022 in Criminal Appeal No. 402 of 2022 (Bombay High Court, Aurangabad Bench; Sandipkumar C. More and Mehroz K. Pathan, JJ.; order dated 23.09.2025) - Suspension of sentence and bail pending appeal. Appellant No.2, Arbaj Bhaiyya Khan, had been convicted by the learned Judge, Special Court, only under Section 506 IPC and sentenced to rigorous imprisonment for one year and fine of Rs. 1,000/- with default clause in Special Case (POCSO) No. 97 of 2021. The trial Court had released him on bail even after conviction, and this Court had continued that order till 19.10.2022, but there was no continuation thereafter; on inquiry, the A.P.P. confirmed the applicant was still out of jail. The Court noted it had already suspended the substantive sentence of the main accused, appellant No.1 Sarfaraj Iqbal Shaikh, convicted under Section 376(2)(j),(n) IPC. Despite strong opposition by the appointed counsel for respondent No.2/victim, the application was allowed: the substantive sentence imposed on the applicant was suspended during the pendency of the appeal, and he was directed to be released on bail on a personal bond of Rs. 15,000/- (Rupees Fifteen Thousand) with one surety in the like amount. The High Court Legal Services Sub Committee, Aurangabad was directed to pay the fees of the victim's appointed advocate as per schedule.