[Cites 2, Cited by 0]
Bombay High Court
Vikas Chandrakant Dalvi vs The State Of Maharashtra on 18 May, 2026
2026:BHC-AUG:21911
36-CRIAPLN-1882-26.odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.1882 OF 2026
IN
CRIMINAL APPEAL NO. 350 OF 2026
Vikas S/o. Chandrakant Dalvi,
Age: 26 years, Occu.: Labour,
R/o.Baradgaon Sudrik,
Taluka Karjat, Dist. Ahilyanagar. ... Applicant
(Orig. Accused)
VERSUS
The State of Maharashtra
Through: The Police Station Officer,
Karjat Police Station,
Taluka Karjat, Dist. Ahilyanagar. ... Respondent
......
Mr. Yuvraj S. Choudhari, Advocate for Petitioner
Mr. B.v. Virdhe, APP for Respondent-State
......
CORAM : SIDDHESHWAR S. THOMBRE, J.
[VACATION COURT]
DATE : 18 MAY, 2026
PER COURT :
1. Heard.
2. Issue notice to respondent - State. Learned APP waives service of
notice for respondent - State.
3. Instant application is for suspension of sentence and grant of bail on
account of conviction recorded by learned Judge, Special Court (POCSO Act)
Shrigonda dated 18.04.2026 in Special (POCSO) Case No. 49 of 2025.
36-CRIAPLN-1882-26.odt
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2. Learned counsel pointed out that present applicant was held guilty by
the learned Judge, Special Court (POCSO Act), Shrigonda vide judgment dated
18.04.2026 passed in Special (POCSO) Case No. 49 of 2025 under Sections 78
Bharatiya Naya Sanhita, 2023 read with Section 12 of the POCSO Act and
under Section 79 of Bharatiya Naya Sanhita, 2023 read with Section 8 of the
the POCSO Act. That, maximum punishment inflicted upon the applicant is of
three years only. That, applicant has preferred appeal and the same is of the
year 2026. According to him, as appeal against conviction would take long time
to be heard, he urged for relief of suspension as well as grant of bail.
3. Opposing the above application, learned APP pointed out that
maximum sentence awarded is imprisonment for three years. He submitted
that, on full fledged trial guilt has been recorded.
4. Heard. Perused the papers including the judgment under challenge by
way of appeal. Apparently, applicant was held guilty under the aforesaid
provisions. Said judgment is challenged by way of appeal and the same appears
to be numbered as Criminal Appeal No. 350 of 2026. Consequently, appeal
being recent, may not be heard early. Applicant was reported to be on bail
during trial and he has been granted suspension by the Trial Court. Therefore,
in the light of above discussion, relief of suspension of sentence deserves to be
granted. Hence, following order is passed.
ORDER
(I) Criminal Application stands allowed.
36-CRIAPLN-1882-26.odt
(II) The substantive sentence imposed on the applicant in Special (POCSO)
Case No. 49 of 20259 by the learned Judge, Special Court (POCSO Act),
Shrigonda on 18.04.2026, stands suspended till the final hearing and disposal
of Criminal Appeal No. 350 of 2026.
(III) The applicant be released on P.R. Bond of Rs.15,000/- (Rupees Fifteen
Thousand Only) with one solvent surety each, in the like amount.
(IV) Bail before the trial court.
[ SIDDHESHWAR S. THOMBRE ]
JUDGE
S P Rane
