Bombay High Court
Prashant Vishwanath Kale vs The State Of Maharashtra Through Police ... on 13 November, 2025
1 1-apeal-553-25.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
Criminal Application (APPA) No. 935 of 2025
in
Criminal Appeal No. 553 of 2025
Prashant Vishwanath Kale
Versus
The State of Maharashtra through Police Station Officer, Police Station
Chikhli, Tah. Chikhli, Buldhana
Office Notes, Office Memoranda of Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
Shri N.R.Raut, Advocate for the appellant.
CORAM : NIVEDITA P. MEHTA, J.
DATED : 13th NOVEMBER, 2025.
Heard.
2. ADMIT.
3. Shri Amit Chutke, learned Addl. Public
Prosecutor waives service of notice on behalf of the
respondent no.1/State.
4. Issue notice to the respondent no.2.
5. Call record and proceedings.
6. Registry is directed to prepare the paper
book.
Criminal Application No. 935 Criminal Appeal No.
553 of 2025
The present application is filed by the
applicant under Section 430 of the Bharatiya Nagarik
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Suraksha Sanhita, 2023 seeking suspension of sentence
and grant of bail, pending final disposal of the criminal
appeal.
2. The applicant has preferred Criminal Appeal
challenging the judgment and order dated 15.10.2025,
passed by the learned Special Court, Buldhana in Special
Case No. 79 of 2021, whereby the applicant has been
convicted for the offence punishable under Section 8 of
Protection of Children from Sexual Offences Act, 2012
and sentenced to suffer rigorous imprisonment of three
years and to pay a fine of ₹2000/-, in default whereof, to2000/-, in default whereof, to
suffer rigorous imprisonment for one month. He has
been further convicted for the offence punishable under
Section 12 of Protection of Children from Sexual
Offences Act, 2012 and sentenced to suffer rigorous
imprisonment of one year and to pay a fine of ₹2000/-, in default whereof, to1000/-,
in default whereof, to suffer rigorous imprisonment for
one month He has been further convicted for the
offence punishable under Section 506 of the Indian
Penal Code, and sentenced to suffer rigorous
imprisonment of one year and to pay a fine of ₹2000/-, in default whereof, to1000/-,
in default whereof, to undergo rigorous imprisonment
for a period of one month.
4. Learned counsel for the applicant submits
that the learned Special Court had suspended the
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sentence of the applicant till 2 nd December, 2025,
subject to deposit of the fine amount. It is submitted
that the applicant has deposited the fine amount in
compliance with the said condition and was accordingly
released on bail. Learned counsel further submits that
the order of suspension of sentence granted by the trial
court is still in force and has not yet expired. However,
the present application for suspension of sentence
pending appeal has been preferred to secure
continuation of the suspension of sentence beyond 2 nd
December, 2025. It is further submitted that the
applicant was on bail throughout the trial and there is no
allegation of misuse of liberty during that period.
Learned counsel contends that the sentence imposed is
of short duration, and the applicant has a fair chance of
succeeding in the appeal, which is not likely to be heard
in the near future.
5. Per contra, learned Additional Public
Prosecutor has opposed the application, contending that
the offence is of a serious nature, and there exists a real
possibility of the applicant influencing or threatening
prosecution witnesses, if released on bail.
6. Upon considering the rival submissions, the
nature and gravity of the offence, the sentence imposed,
and the fact that the applicant was on bail during the
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trial and did not misuse the liberty so granted, and
further taking into account that the appeal is not likely
to be heard in the near future, this Court is of the
considered view that the applicant has made out a case
for suspension of sentence pending appeal. Accordingly,
the application is allowed.
7. The substantive sentence imposed upon the
applicants by the learned Judge, Special Court, Buldhana
in Special Case No. 79 of 2021, is hereby suspended
pending final disposal of the appeal.
The applicants shall be released on bail on the following
conditions:
i) The applicant shall execute a Personal
Recognizance Bond in the sum of ₹2000/-, in default whereof, to15,000/- (Rupees
Fifteen Thousand only) with one solvent surety in the
like amount, to the satisfaction of the Trial Court.
ii) The applicant shall report before the Trial
Court on the 1st day every calendar month until further
orders.
iii) The applicant shall furnish his current
residential address and mobile number to the concerned
Sessions Court and shall inform the Court of any change
in address or contact details forthwith.
iv) It is clarified that the learned Additional
Public Prosecutor and/or the Investigating Officer shall
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be at liberty to move for cancellation of bail in the event
of breach of any of the aforementioned conditions or for
any other sufficient cause.
The criminal application stands disposed of
accordingly.
[NIVEDITA P. MEHTA, J.]
Signed by: Mr. S.K. NAIR
SKNair
Designation: PS To Honourable Judge
Date: 13/11/2025 18:02:53
