Bombay High Court
Aashish S/O Suresh Narnaware vs The State Of Maharashtra Thr Pso Katol Ps ... on 29 July, 2025
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (APPA) NO. 537 OF 2025
IN
CRIMINAL APPEAL NO. 301 OF 2025
Aashish s/o Suresh Narnaware Vs State of Maharashtra
Office Notes, Office Memoranda of Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
Mr. A.M. wasnik, counsel for applicant/appellant.
Mrs. Sneha Dhote, APP for respondent/State.
CORAM : URMILA JOSHI-PHALKE, J.
DATED : 29/07/2025.
1. By this application, the appellant is seeking
suspension of sentence and release of the appellant on bail.
2. Heard learned counsel for the appellant, who
submitted that the appellant was prosecuted for the offence
punishable under Sections 376, 324, and 506 of the Indian
Penal Code and under Section 4 of the Protection of
Children from Sexual Offences Act, 2012 (hereinafter
referred to as 'the POCSO Act'). After appreciating the
evidence, the appellant was acquitted of the offence
punishable under Section 4 of the POCSO Act. However, he
was convicted under Section 376 of the IPC and sentenced
to suffer R.I. for ten years and fine of Rs. 5,000/-; for the
offence punishable under Section 324, he was sentenced to
suffer rigorous imprisonment for one year and fine of Rs.
2,000/-; and for the offence punishable under Section 506
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of the IPC, he was sentenced to suffer R.I. for six months
and fine of Rs. 1,000/-. He invited my attention towards the
evidence of the victim and the cross-examination and
submitted that this evidence sufficiently shows that there
was a friendly relationship between the victim and the
present appellant, and out of that friendly relationship, the
physical relationship was developed between them.
3. Learned counsel for the appellant submitted that
the punishment imposed is of a limited period. Learned
counsel also pointed out from the impugned judgment that
he has many arguable points in the present appeal, but the
appeal would take its own time for its final disposal.
4. The learned APP strongly opposed for the same and
submitted that considering the evidence of the victim, which
is consistent with the medical evidence, the application for
suspension of sentence deserves to be rejected.
5. On hearing both sides and on perusal of the record,
it reveals that the evidence of the victim, who has during
cross-examination admitted about her friendship. Thus, it is
apparent from the evidence of the victim that there was a
friendly relationship between them, and out of that friendly
relationship, a physical relationship was developed between
them. Admittedly, at this stage, the court is not required to
reappreciate the evidence, but what is to be seen is that
whether the appellant is having any chance of success in the
present appeal.
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6. This aspect is also considered by the Hon'ble Apex
Court in the case of Om Prakash Sahni Vs. Jai Shankar
Chaudhary and Anr., reported in (2023)6 SCC 123, wherein
it is observed that, bearing in mind the aforesaid principles
of law, the endeavour on the part of the Court, therefore,
should be to see as to whether the case presented by the
prosecution and accepted by the Trial Court can be said to
be a case in which, ultimately the convict stands for fair
chances of acquittal. If the answer to the above said
question is to be in the affirmative, as a necessary corollary,
we shall have to say that, if ultimately the convict appears to
be entitled to have an acquittal at the hands of this Court,
he should not be kept behind the bars for a pretty long time
till the conclusion of the appeal, which usually take very
long for decision and disposal. However, while undertaking
the exercise to ascertain whether the convict has fair
chances of acquittal, what is to be looked into is something
palpable. To put it in other words, something which is very
apparent or gross on the face of the record, on the basis of
which, the Court can arrive at a prima facie satisfaction that
the conviction may not be sustainable. The Appellate Court
should not re-appreciate the evidence at the stage of Section
389 of the Cr.P.C. and try to pick up few lacunas or
loopholes here or there in the case of the prosecution. Such
would not be a correct approach."
7. In the case in hand, as pointed out by learned
counsel for the appellant from the evidence of the victim,
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which shows that the appellant has every chance of success
in the present appeal. In view of that, the application
deserves to be allowed. Accordingly, I proceed to pass the
following order.
a] The criminal application is allowed.
b] The execution of the sentence passed in Special
Criminal (Child) Case No. 38/2023 is hereby
suspended till disposal of the appeal.
c] The appellant shall be released on bail on
executing P.R. Bond of Rs. 25,000/- with one
surety of like amount.
d] The appellant shall attend the proceedings in
Extra Joint District Judge and Additional
Sessions Judge (Special Judge, POCSO Court),
Nagpur once in month on 5th of every month till
disposal of the appeal.
e] The appellant shall also furnish his detailed
address along with the address proof before the
Extra Joint District Judge and Additional
Sessions Judge, Nagpur
8. The criminal application is disposed of.
CRIMINAL APPEAL NO. 301 OF 2025
1. Heard.
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2. Admit.
3. Learned APP waives service of notice on behalf of
respondent/State.
4. The criminal appeal be listed before this Court after
preparation of the paper-book.
[URMILA JOSHI-PHALKE, J.]
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