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Bombay High Court

Manjitsinh Kashmirsinh Vallah vs The State Of Maharashtra And Another on 16 July, 2025

2025:BHC-AUG:18500



                                                     1
                                                                                  919

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                              919 CRIMINAL APPLICATION NO. 1115 OF 2025
                                         IN APPEAL/204/2025
                                 MANJITSINH KASHMIRSINH VALLAH
                                                VERSUS
                             THE STATE OF MAHARASHTRA AND ANOTHER
                                                    ...
                                         Advocate for Applicant :
                          Ms. Meenal S. Deshmukh h/f. Mr. Suniket Anil Kulkarni
                               APP for Respondent/State: Mr. N. D. Batule
                            Advocate for Respondent No.2 : Mr. Avinash Patil
                                              (Appointed)
                                                    ...
                                                 WITH
                                  CRIMINAL APPEAL NO. 204 OF 2025
                                                    ...

                                               CORAM : ARUN R. PEDNEKER, J.
                                               DATE      : 16.07.2025

                     P.C. :
                     1]            Heard.


                     2]            The present application has been filed by the
                     applicant for suspension of substantive sentence imposed on
                     him in Special Case No.79/2020, dated 13.03.2025, by
                     learned Special Judge (POCSO), Additional Sessions Judge,
                     Dhule. The applicant has been convicted thus:
                              "1. Accused Manjitsinh Kashmirsinh Vallah, is
                              convicted vide Section 235(2) of the Code of Criminal
                              Procedure for the offences punishable under Section
                              354-A(ii) of the Indian Penal Code, and Section 12 of
                              The Protection of Children From Sexual Offences Act,
                              2012.
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                                                          919

       2.     The accused is sentenced to suffer Rigorous
       Imprisonment for two years and to pay fine of
       Rs.2,000/- (Rs. Two Thousand only) in respect of
       offence punishable under Section 12 of The Protection
       of Children From Sexual Offences Act, 2012. In
       default of payment of fine, he is further sentenced to
       suffer Simple Imprisonment for two months."

3]          From the grounds made in the appeal memo, so
also, since, the appeal would take substantial time for
conclusion, the sentence can be suspended.


4]          The Criminal Appeal No.204/2025 is admitted.


5]          Considering the above, I pass the following
order :
                           ORDER

i] Criminal Application is allowed.

ii] The substantive sentence imposed on the applicant in Special Case No.79/2020, dated 13.03.2025, by learned Special Judge (POCSO), Additional Sessions Judge, Dhule, stands suspended till the final hearing and disposal of Criminal Appeal.

iii] The applicant be released on bail on furnishing P.R.bond of Rs.20,000/- with one or two sureties in the like amount to the satisfaction of the trial court.

iv]        Bail before the trial Court.


v]         Mr. Avinash Patil, learned counsel appointed for

respondent no. 2 shall be paid fees of Rs.10,000/- by the High Court Legal Services Sub-committe, Aurangabad.

[ARUN R. PEDNEKER] JUDGE marathe