Ganesh Ramesh Hivrale v. the State of Maharashtra and Another
Case brief
What is this about?
Bombay High Court, Aurangabad Bench (Arun R. Pedneker, J., 16.07.2025) disposes of Criminal Application No. 663 of 2025 in APEAL/114/2025 refusing suspension of sentence pending appeal against conviction under section 4 POCSO Act 2012 (10 years RI + Rs. 15,000 fine) and section 366-A IPC (7 years RI + Rs. 15,000 fine) awarded by Special Judge (Under POCSO Act), Beed, in Special Case (Child Protection) No. 56/2018 dated 29.01.2025; prima facie case made out; birth registered two days after birth, no manipulation of record, identity not in doubt; applicant in custody ~5 months versus maximum 10-year sentence; fine payable to victim as compensation under section 357(1)(b) CrPC; set-off under section 428 CrPC for custody 22.10.2018 to 12.02.2019; liberty to apply afresh if appeal not heard within one year.
What did the court decide?
Suspension of substantive sentence refused; liberty reserved to apply afresh if the appeal is not heard within one year.