[Cites 4, Cited by 0]
Bombay High Court
Sagar Bhimrao Shelar vs State Of Maharashtra And Anr on 21 January, 2026
59-APEAL-1105-2025.DOC
Ajit Pathrikar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1105 OF 2025
WITH
INTERIM APPLICATION NO. 4205 OF 2025
IN
CRIMINAL APPEAL NO. 1105 OF 2025
Sagar Bhimrao Shelar ...Appellant/Applicant
Versus
State Of Maharashtra And Anr. ...Respondents
Mr. Vaibhav Kulkarni a/w Disha Rathod, Abhishek Zare, for
the Appellant.
Mr. R. M. Pethe, for the State-Respondent.
Ms. Kanchan Pawar, for Respondent No.2.
CORAM R. M. JOSHI, J.
DATED: 21st JANUARY 2026
PC:-
IN INTERIM APPLICATION NO. 4205 OF 2025:
1. In this application, the Appellant seeks suspension of
sentence and enlargement on bail in connection with the
Judgment and Order dated 14th October 2025 passed in
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59-APEAL-1105-2025.DOC
Special case (POCSO) case No. 12 of 2025, whereby he was
sentenced to suffer five years' imprisonment with fine.
2. Learned counsel for the Appellant submits that even if,
for the sake of argument, the entire story of prosecution is
accepted as it is, it cannot be said that any offence under
Section 354 of the Indian Penal Code, 1860 (for short, "IPC")
and Sections 8 and 12 of the Protection of Children from
Sexual Offences Act, 2012 (for short, "POCSO") has been
committed by the Appellant. It is his submission that the only
independent witness examined by the prosecution does not
support the case of the victim/prosecution. He further claims
a fair chance of success in the Appeal. As the Appeal is not
likely to be heard in short period of time, he seeks
enlargement of the Appellant on bail.
3. Learned APP and learned counsel for the Respondent
No.2-victim vehemently oppose the application.
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59-APEAL-1105-2025.DOC
4. In case the Appellant makes out a case of fair chance of
success in the Appeal, he deserves enlargement on bail. This
Court finds substance in the contention of learned counsel for
the Appellant that even if the case of the prosecution is
accepted as it is, it is difficult to hold that any offence has
been committed as alleged and said to have been proved
against him. Appeal is not likely to be heard in a short period
of time. The Appellant has no criminal history. He is not likely
to flee from justice. Hence, the following order:
ORDER
i) The application is allowed.
ii) The Appellant be released on bail on furnishing P.R.
Bond of Rs.15,000/- with one surety in the like amount.
iii) The suspension of sentence imposed against the
Appellant by Judgment and Order dated 14 th October 2025
passed in Special case (POCSO) case No. 12 of 2025 stands
suspended till decision of the Appeal.
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59-APEAL-1105-2025.DOC
iv) Appellant shall not directly or indirectly contact victim
or her family in any manner whatsoever.
v) In case of breach of above conditions, the order of bail
shall stand vacated forthwith and the Appellant be taken in
the custody to undergo sentence.
IN CRIMINAL APPEAL NO. 1105 OF 2025:
5. Admit.
6. Call record and proceedings.
7. Learned APP waives service on behalf of the
Respondent-State.
8. Ms. Kanchan Pawar is appointed to represent
Respondent No.2 in the Appeal.
(R. M. JOSHI, J.)
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