[Cites 13, Cited by 0]
Bombay High Court
Adarsh Ganpat Mohotkar vs The State Of Maharashtra Thr Ps Soaner ... on 30 January, 2026
2026:BHC-NAG:1553
1 25) APPA 3-26 in Apeal 2-26 111
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APPA) NO. 03 OF 2026
IN
CRIMINAL APPEAL NO. 02 OF 2026
ADARSH GANPAT MOHOTKAR
VS
STATE OF MAHARASHTRA AND ANR.
____________________________________________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions Court's or Judge's order
and Registrar's orders.
Ms. Jagruti Kurwe, Advocate h/f. Shri C.R.Thakur, Advocate for
appellant/applicant.
Ms. Sneha Dhote, APP for respondent/State.
Ms. Neha Agrawal, Advocate for respondent no. 2.
CORAM : NEERAJ P. DHOTE, J.
DATE : 30/01/2026
This is an application for suspension of sentence
imposed by the learned Additional Sessions Judge-16 (Spl.
POCSO), Nagpur in Special (POCSO) Case No. 244/2024
by the judgment and order dated 20/12/2025 convicting
and sentencing the Applicant/Appellant as follows:-
"1. Accused is hereby acquitted vide section 235(1) of the Code of
Criminal Procedure for the offence punishable under section 67 of
the Information Technology Act.
2. Accused is hereby convicted vide section 235(2) of the Code of
Criminal Procedure for the offences punishable under section 354,
354-A, 354-D, 341 and 506(2) of the Indian Penal Code and
section 8 & section 12 of Protection of Children from Sexual
Offences Act, 2012.
3. For the offence under section 354 of the Indian Penal Code, the
accused is sentenced to suffer rigorous imprisonment for 04 years
and to pay fine of Rs.4,000/- (Rs. Four Thousands only) in default
to suffer simple imprisonment for one year.
2 25) APPA 3-26 in Apeal 2-26 222
4. For the offence under section 341 of the Indian Penal Code, the
accused is sentenced to suffer simple imprisonment for 01 month
and to pay fine of Rs.500/- (Rs. Five Hundred only) in default to
suffer simple imprisonment for one month.
5. For the offence under section 506(2) of the Indian Penal Code,
the accused is sentenced to suffer rigorous imprisonment for 03
years and to pay fine of Rs.3,000/- (Rs. Three Thousands only) in
default to suffer simple imprisonment for six months.
6. For the offence under section 7 read with section 8 of
Protection of Children from Sexual Offences Act, 2012 the
accused is sentenced to suffer rigorous imprisonment for 04 years
and to pay fine of Rs.5,000/- (Rs. Five Thousands only) in default
to suffer simple imprisonment for one year.
7. For the offence under section 11 read with section 12 of
Protection of Children from Sexual Offences Act, 2012 the
accused is sentenced to suffer rigorous imprisonment for 02 years
and to pay fine of Rs.4,000/- (Rs. Four Thousands only) in default
to suffer simple imprisonment for six months.
8. Substantive sentences to run concurrently.
9. .....
10. .....
11. .....
12. .....
13. .....
14. .....
15. .....
16. ....."
2. Heard learned Advocate for the Applicant/Appellant,
learned APP for the State and learned Advocate for the
Respondent no. 2-victim. Perused the papers on record.
3 25) APPA 3-26 in Apeal 2-26 333
3. It is the case of the prosecution that, the
Applicant/Appellant was stalking the victim and used to
demand sexual favours. The Applicant/Appellant indulged
in the act of sexual assault on the victim. On the basis of
the evidence available on record, the learned Trial Court
convicted and sentenced the Applicant/Appellant as
referred above.
4. The sentence awarded to the Applicant/Appellant is
a term sentence of four (4) years. He was on Bail during
trial. The Applicant/Appellant has suffered incarceration
for 83 days. The Appeal is recently admitted and there is no
possibility that, the same would be heard finally in near
future. In this view of the matter, I am inclined to allow the
Application. Hence, the following order:-
ORDER
[I] Criminal Application is allowed.
[II] The substantive sentence imposed upon the
Applicant/Appellant namely Adarsh Ganpat Mototkar, by
the learned Additional Sessions Judge-16 (Spl. POCSO),
Nagpur vide Judgment and Order dated 20/12/2025,
passed in Special (POCSO) Case No. 244/2024, is hereby
suspended till the final disposal of the Appeal.
[III] The Applicant/Appellant be released on bail on
furnishing P.R. bond of Rs.25,000/- [Rupees Twenty Five
Thousand Only] with one surety in the like amount.
[IV] The Applicant shall co-operate in early disposal of the
Appeal.
4 25) APPA 3-26 in Apeal 2-26 444
[V] Bail before the Trial Court.
[VI] For this Application, fees of the learned Advocate
Ms. Neha Agrawal, appointed to represent the Respondent
no. 2 - Victim is quantified at Rs. 7,500/- [Rupees Seven
Thousand Five Hundred Only], which shall be paid by the
High Court Legal Services Sub-Committee, Nagpur.
[VII] Criminal Application stands disposed of accordingly.
(NEERAJ P. DHOTE, J.)
B.T.K.
Signed by: Mr. B.T. Khapekar
Designation: PA To Honourable Judge
Date: 30/01/2026 20:08:10
