Bombay High Court
Premlal S/O Ramchandra Kalambe vs State Of Maharashtra Thr Pso Ps Narkhed ... on 1 October, 2025
1 5-apeal-593-24.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
Criminal Application (APPA) No. 374 of 2024
in
Criminal Appeal No.593 of 2024
Premlal S/o Ramchandra Kalambe
Versus
State of Maharashtra through Police Station Officer, Narkhed, Dist.
Nagpur
Office Notes, Office Memoranda of Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
Shri K.G.Rathi, Advocate for the appellant.
Shri S.S.Hulke, APP for the respondent/State.
CORAM : NIVEDITA P. MEHTA, J.
DATED : 1st OCTOBER, 2025.
The present application is filed by the
applicant under Section 389 of the Code of Criminal
Procedure and Section 430 of the Bharatiya Nagarik
Suraksha Sanhita, 2023, seeking suspension of sentence
and grant of bail, pending final disposal of the criminal
appeal.
2. The applicant has preferred an appeal challenging
the judgment and order of conviction passed by the
learned Additional Sessions Judge-13 and Special Judge,
Scheduled Castes and Scheduled Tribes (Prevention of
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Atrocities) Act, Nagpur in Special (Atrocity) Case No.
21 of 2021, whereby the applicant has been convicted
for the following offences:
Under Section 4 of the Protection of Children from
Sexual Offences Act, 2012 and sentenced to undergo
rigorous imprisonment for a period of 20 years and to
pay a fine of ₹10,000/-, and in default of payment, to10,000/-, and in default of payment, to
undergo simple imprisonment for two months;
Under Section 8 of the Protection of Children from
Sexual Offences Act, 2012 and sentenced to undergo
rigorous imprisonment for a period of 3 years and to pay
a fine of ₹10,000/-, and in default of payment, to5,000/-, and in default, to undergo simple
imprisonment for two months;
Under Section 452 of the Indian Penal Code and
sentenced to undergo rigorous imprisonment for a
period of 3 years and to pay a fine of ₹10,000/-, and in default of payment, to5,000/-, and in
default, to undergo simple imprisonment for two
months.
3. Learned counsel for the applicant submits that the
victim and her family members have no objection to the
grant of bail to the applicant. An affidavit dated
18.08.2025 to that effect has been filed by Shri Aditya
Pande, learned counsel appearing on behalf of the
victim, wherein paragraphs 4 and 5 read as under:
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"4. It is submitted that, the respondent No.2 herein,
at the time of the incident, was aged about 15 years
and is now a major. The victim, after attaining
majority, is now married and living a happy and
peaceful life with her matrimonial family. The family
members of the victim and the applicant continue to
reside in the same vicinity. The respondent No.2 is
well acquainted with the applicant's parents, who are
elderly and suffering from several health issues. The
applicant is the only person in the family capable of
taking care of his aged parents. However, as the
applicant is currently incarcerated, there is no one to
look after them.
5. It is submitted that, considering the condition of
the applicant's parents, the respondent No.2, after
consultation with her parents and family members
and upon thoughtful consideration, states that she has
no objection to the grant of bail to the applicant.
The respondent No.2 further affirms that she is not
under any coercion or influence, and is submitting
her no-objection voluntarily, out of concern for the
condition of the applicant's parents."
4. Learned Additional Public Prosecutor strongly
opposes the application and submits that the nature
of the offen ce is serious and the no-objection
affidavit filed by the victim cannot be the sole basis
for suspension of sentence, particularly in cases of
this nature.
5. Having considered the submissions of both sides,
the contents of the affidavit filed by the victim, and the
overall circumstances including the condition of the
applicant's parents and the fact that the appeal is not
likely to be heard in the immediate future, this Court is
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of the view that a case is made out for suspension of
sentence.
6. Accordingly, the application is allowed. The
substantive sentence imposed upon the applicant by the
learned Additional Sessions Judge-13 and Special Judge,
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, Nagpur in Special (Atrocity) Case No.
21 of 2021 for the offences punishable under Sections 4
and 8 of the Protection of Children from Sexual
Offences Act, 2012 and Section 452 of the Indian Penal
Code is hereby suspended until final disposal of the
appeal.
i) The applicant shall be released on bail upon
furnishing a Personal Recognizance Bond in the sum of
₹10,000/-, and in default of payment, 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 to Narkhed Police
Station on the first Wednesday of every month and shall
also furnish his current residential address and mobile
number to the concerned Sessions Court.
iii) It is clarified that the learned Additional Public
Prosecutor or the Investigating Officer shall be at liberty
to seek cancellation of bail in the event of breach of any
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of the aforesaid conditions or for any other sufficient
reason.
The criminal application stands disposed of
accordingly.
[NIVEDITA P. MEHTA, J.]
Signed by: Mr. S.K. NAIR
SKNair
Designation: PS To Honourable Judge
Date: 01/10/2025 17:57:35
