Bombay High Court
Sachin Dattatray Dasime vs The State Of Maharashtra And Another on 4 October, 2025
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
913 CRIMINAL APPLICATION NO. 3331 OF 2025
IN APEAL/644/2025
SACHIN DATTATRAY DASIME
....Applicant
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
.....Respondent
WITH
CRIMINAL APPEAL NO. 644 OF 2025
Mr. M. P. Kolpe, Advocate h/f Mr. V. B. Deshmukh, Advocate for the
applicant
Ms V. S. Choudhari, APP for the respondents/State
Mr. J. P. Reddy, Advocate for the respondent No. 2 (appointed)
CORAM : ABHAY J. MANTRI, J.
DATE : 04th OCTOBER, 2025
PER COURT :
1. The applicant/appellant has filed this application to
suspend the substantive sentence awarded by the judgment and order
dated 02-08-2025 passed by the learned Sessions Judge (POCSO),
Omerga in Special (POCSO) Case No. 10/2020 whereby awarded the
punishment under section 354 of the IPC and Section 8 of the POCSO
for 3 years and to pay fine of Rs.2000/-.
2. Heard the learned advocate for the applicant, learned
APP for the State and learned advocate for respondent No. 2. Perused
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the record.
3. At the outset, it appears that during the trial, the
applicant was on bail. After the conviction order was passed, he was
released on bail after furnishing PB and SB of Rs. 2000/-. The
applicant has deposited the fine amount in the learned trial court.
4. Moreover, the applicant has preferred the appeal
challenging the impugned judgment and order. The appeal will take
its own time to be finally decided. The learned advocate for the
applicant further submitted that the nature of the sentence is short-
term. Therefore, he urged the application to be allowed.
5. Considering the above facts and grounds raised in the
appeal memo and the allegations against the applicant, in my view, it
would be appropriate to suspend the substantive sentence and
release the applicant on bail accordingly. As such, the criminal
application is allowed. The impugned substantive sentence imposed
by the judgment and order dated 02-08-2025 passed by the learned
Sessions Judge (POCSO), Omerga in Special (POCSO) Case No.
10/2020 is hereby suspended till disposal of the appeal and the
applicant be released on bail on furnishing PB and SB of Rs.1 lakh
before the learned trial court within a period of four weeks, failing
which, necessary order will be passed.
8. Learned advocate for the respondent No. 2 is appointed
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through the Legal Services Authority. Hence, his fee is to be
quantified as per the rules of the High Court Legal Aid Services Sub-
Committee.
APPEAL
1. Heard.
2. Having considered the grounds raised in the appeal
memo, the appeal is 'admitted'.
3. The learned APP waives service of notice for the
respondents/State. Mr. Reddy, learned advocate, waives service of
notice for respondent No. 2.
4. Call for R & P along with the paper book.
5. List the matter after receipt of R & P.
[ABHAY J. MANTRI, J. ]
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