Allowed¶16

Jagan Shripad Ingale v. State of Maharashtra, Thr. Pso,Seloo, Wardha

Bombay HC23 Feb 2026APPA/423/2025

Case brief

AI extract

What is this about?

POCSO conviction suspension pending appeal; APPA 423/2025 in Criminal Appeal 218/2025; Jagan s/o Shripad Ingale v. State of Maharashtra; Wardha trial court sentence of 10 years RI + Rs.5,000 fine (15.3.2024) suspended after six years undergone; P.R. bond Rs.25,000 with one surety; bail before Trial Court; Sections 6 r/w 18, 42 POCSO Act 2012, Sections 377, 377 r/w 511 IPC, Section 235(2) CrPC; Neeraj P. Dhote, J.; decided 23.02.2026.

What did the court decide?

Suspension of sentence till final disposal of the Criminal Appeal; release on executing a P.R. bond of Rs.25,000/- with one surety in the like amount; bail before the Trial Court; applicant to co-operate in early hearing of the Criminal Appeal; fees of the appointed Advocate quantified at Rs.5000/- by the High Court Legal Services Authority, Nagpur. ¶16

Jagan Shripad Ingale vs State of Maharashtra… — Child Sexual Offences (POCSO) | Bombay HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the sentence of ten years' rigorous imprisonment imposed on the appellant by the Wardha court in Special (Ch.Act) No.57/2020 should be suspended pending final disposal of Criminal Appeal No.218/2025.

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Court's answer

Suspension was granted because the appellant had already undergone six years of the ten-year sentence and the appeal of the year 2025 had no possibility of being finally heard in the near future.

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Ratio / Principle

The application is allowed and the sentence imposed by the learned Extra Jt. Additional Sessions Judge, Wardha, in Special (Ch.Act) Case No.57/2020 (Judgment and Order dated 15.3.2024) is suspended till the final disposal of the Criminal Appeal.

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Detailed headnote1 paragraphs

High Court of Judicature at Bombay, Nagpur Bench (Neeraj P. Dhote, J.), 23.02.2026 — Criminal Application (APPA) No.423/2025 in Criminal Appeal No.218/2025 (Jagan s/o Shripad Ingale v. State of Maharashtra): Application for suspension of sentence allowed. The applicant stood convicted by the learned Extra Jt. Additional Sessions Judge, Wardha, in Special (Ch.Act) Case No.57/2020, by Judgment and Order dated 15.3.2024, under Section 6 r/w 18 of the Protection of Children from Sexual Offences Act, 2012, to rigorous imprisonment for 10 years and fine of Rs.5,000/- (default S.I. 6 months), having been acquitted under Section 377 IPC and Section 6 POCSO Act, with no separate punishment under section 377 r/w 511 IPC in view of Section 42 POCSO Act. As the appellant had already been behind bars for six years of the ten-year term and the appeal of 2025 was not likely to be finally heard in the near future, the sentence was suspended till final disposal of the appeal; release directed on a P.R. bond of Rs.25,000/- with one surety in the like amount, bail before the Trial Court, co-operation in early hearing of the appeal, and the appointed Advocate's fees quantified at Rs.5,000/- by the High Court Legal Services Authority, Nagpur.

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2026:BHC-NAG:3081

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1 appa 423.2025.odt

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

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CRIMINAL APPLICATION (APPA) No.423/2025 IN CRIMINAL APPEAL NO.218/2025 Jagan s/o Shripad Ingale Vs. State of Maharashtra

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

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........................................................................................................................................……….. Mr. M.V.Rai, Advocate for applicant/Appellant. Mr. B.N.Lonare, A.P.P. for Respondent/State. Ms. Deepa Patil, Advocate (appointed) for Respondent no.2.

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CORAM : NEERAJ P. DHOTE, J. DATED : 23.02.2026

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This is an application for suspension of sentence imposed by the learned Additional Sessions Judge, Wardha, in Special (Ch.Act) No.57/2020 convicting the sentencing the appellant as follows:

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“Accused Jagan s/o Shripad Ingale, r/o Seloo, Tahsil Seloo, District Wardha is hereby convicted under Section 235 (2) of the Code of Criminal Procedure for an offence punishable under Section 6 r/w 18 of the Protection of Children from Sexual Offences Act, 2012 and sentenced to suffer rigorous imprisonment for 10 years (Ten years) and to pay a fine of Rs.5000/- (Rupees Five Thousand only) and in default to suffer further S.I. for 6 months (Six months).

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Accused is acquitted of the offences punishable under Section 377 of the Indian Penal Code and under Section 6 of the Protection of Children from Sexual Offences Act, 2012.

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In view of Section 42 of the Protection of Children from Sexual Offences Act, 2012, no separate punishment under section 377 r/w 511 of the Indian Penal Code is awarded.”

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2 appa 423.2025.odt

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Heard learned Advocate for the applicant, learned APP for the State and learned Advocate for respondent no.2.

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The Appellant is behind bars for a period of six (6) years against the sentence for ten (10) years. The Appeal is of the year 2025 and there is no possibility that, the Appeal would be finally heard in the near future. Hence, I proceed to pass the following order:-

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ORDER

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(i) The application is allowed.

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(ii) The sentence imposed upon the Applicant/Appellant by the learned Extra Jt. Additional Sessions Judge, Wardha, in Special (Ch.Act) Case No.57/2020, by Judgment and Order dated 15.3.2024 is hereby suspended till the final disposal of the Criminal Appeal.

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(iii) The Applicant be released on executing P.R. bond of Rs.25,000/- (Rs. Twenty five thousand only) with one surety in the like amount.

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(iv) Bail before the Trial Court.

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(v) The Applicant shall co-operate in the early hearing of the Criminal Appeal.

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(vi) The fees of the appointed Advocate be quantified at Rs.5000/- by the High Court Legal Services Authority, Nagpur.

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Application stands disposed off.

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mukund ambulkar

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Signed by: Ambulkar (MLA) Designation: PS To Honourable Judge Date: 23/02/2026 18:02:05

Jagan Shripad Ingale v. State of Maharashtra, Thr. Pso,Seloo, Wardha

Case brief

What is this about?

What did the court decide?

Jagan Shripad Ingale v. State of Maharashtra, Thr. Pso,Seloo, Wardha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

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Coram

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