Bombay High Court
Satish Bansi Umap vs The State Of Maharashtra And Another on 13 August, 2025
2025:BHC-AUG:21953
Cri. Appeal No. 903/24
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
914 CRIMINAL APPEAL NO. 903 OF 2024
WITH
CRIMINAL APPLICATION NO. 792 OF 2024 IN APEAL/903/2024
SATISH BANSI UMAP
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
...
Advocate for Appellant : Mr. Patekar Narendra B.
APP for Respondent/State : Mr. P.V. Diggikar
Advocate for Respondent 2 : Mr. R.M. Gaikwad (appointed)
...
CORAM : ARUN R. PEDNEKER, J.
Dated : August 13, 2025
PER COURT :-
1. Heard the learned counsel for the applicant and the learned APP for
respondent/State.
2. Criminal Application No. 792/2024 was filed for suspension of
substantive sentence imposed on the applicant by the learned Additional
Sessions Judge, Ahmednagar in Special Case No. 145/2019 vide judgment
and order dated 12.10.2022. The relevant portion of operative order is as
under :-
"O R D E R
1. Accused Satish Bansi Umap is convicted under the
provisions of Section 235(2) of the Code of Criminal
Procedure, 1973 for the offence punishable under Sections
376, 376(3), 376(2)(n) of Indian Penal Code and under
Sections 4 and 6 of POCSO Act.
2. Accused Satish Bansi Umap is sentenced to suffer R.I.
for twenty years and fine of Rs.2000/- (Rs. Two thousand
only) i/d. To suffer S.I. for one month for offence punishable
u/s. 376(3) of I.P.C."
3. This Court by order dated 6.8.2025 in Criminal Application No.
792/2024 filed in Criminal Appeal No. 903/2024 has recorded the
submission of the applicant that the applicant is in jail for about one and
half years and as such, liberty was granted to the applicant to file fresh
application for suspension of substantive sentence if appeal is not heard
within a period of one year and the application came to be disposed of.
4. Today, the learned counsel for the applicant submits that the
applicant is in jail for last six and half years and he was arrested on 14 th
April, 2018. The learned APP has not controverted the above submission.
Considering the same, the order dated 6.8.2025 passed in Criminal
Application No. 792/2024 in Criminal Appeal No. 903/2024 is recalled.
5. Considering that the applicant is in jail for last six and half years and
the appeal would take some time for hearing, the substantive sentenced
can be suspended.
6. In view of the above, the application filed for suspension of
substantive sentence is allowed. The above substantive sentence imposed
on the applicant/appellant is suspended on condition that applicant deposits
the entire fine amount, if already not deposited, before the trial Court. The
applicant shall be released on bail on such terms and conditions which the
trial court may deem fit and proper. The application stands disposed of
accordingly.
7. Mr. R.M. Gaikwad, learned counsel appointed to represent the cause
of the victim/respondent No. 2 shall be paid fees of Rs.10,000/- by the High
Court Legal Services Sub-Committee, Aurangabad.
( ARUN R. PEDNEKER, J. )
ssc/
