ANAND AMBADAS POHALKARversusTHE STATE OF MAHARASHTRA AND ANOTHER

2026:BHC-AUG:37128


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                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD
                              CRIMINAL APPLICATION NO. 1879 OF 2026
                                               IN
                                 CRIMINAL APPEAL NO. 359 OF 2026

                       Anand s/o Ambadas Pohalkar                  … Applicant
                                                                    [Accused]
                              Versus
                 1.    State of Maharashtra
                       Through Jinsi Police
                       Station, Aurangabad.
                 2.    XYZ                                         … Respondents
                                                  …..
                 Mr. R. H. Wagh, Advocate for the Applicant.
                 Mr. G. O. Wattamwar, APP for the Respondent No.1-State.
                 Ms. Sarika Tekale, Advocate for Respondent No.2 (Appointed)
                                                  .....

                                          CORAM :       ABHAY S. WAGHWASE, J.
                                   RESERVED ON : 18.08.2026
                                PRONOUNCED ON : 19.08.2026

                 ORDER :


                 1.    Instant application is for suspension of sentence awarded in

                 Special Case No. 338 of 2021 dated 20.11.2025 for offence under

                 Section 354, 354-A(2) of the Indian Penal Code [for short “IPC”] and

                 under Section 8 of the Protection of Children from Sexual Offences

                 Act, 2012 [for short “POCSO Act”] and equally, prayer is raised for

                 grant of bail also.


                 2.    It is further pointed out that there are allegations of applicant

                 having kept his hand on the hand of the victim. In fact, the applicant
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was driving a rickshaw, and therefore, it was not possible for him to

commit such an act. However, conviction has been recorded against

him. An appeal has been preferred against the said conviction;

however, it being of 2026, it will take long time to be heard. It is

further submitted that the applicant has been behind bars for almost a

year or so. He has hopes of succeeding in the appeal. That, applicant

was on bail during trial and fine amount is already paid. For all

above reasons, sentence is sought to be suspended by granting bail.


3.    Learned APP as well as learned Counsel for informant would

oppose the relief on the ground that on full-fledged trial, charges as

well as age of victim is proved. She was minor. That, incident took

place when the victim boarded the rickshaw of accused. The accused

was identified in the Test Identification Parade. That, there is

overwhelming evidence led by the prosecution, which has been

rightly accepted. As there is no merit in the application, it is prayed

that the application be rejected.


4.    Heard. Perused the papers. As submitted, applicant was tried

for commission of above offence vide Special Case No.338 of 2021.

Prosecution seems to have adduced evidence of in all seven witnesses.

Accusations raised against the applicant are that when victim PW1

hired the rickshaw to Mondha Naka to travel towards Ramgiri Hotel,
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it is alleged that accused, finding her alone, did not drop her at

Ramgiri Hotel and said that he would take her at different place and

while the rickshaw was moving and while informant had held the iron

bar for support while sitting, accused allegedly touched informant’s

left hand and, therefore, out of fright, she jumped out of auto

rickshaw and suffered injury. Her evidence as well as the evidence of

P.W.4, the school authority, who produced the admission extract as

well as the birth certificate, appears to have prevailed upon the Trial

Court in holding that the age of the victim was proved to be below 18

years. Allegations held to be proved by trial Court are of keeping hand

on the left hand of victim.


5.    Appeal has been preferred against the judgment and order of

conviction. However, considering the statement across the bar that

applicant has suffered one year imprisonment out of three years and

there being no immediate prospects of hearing the appeal in

immediate near future and also taking into account the quantum of

sentence, the relief as prayed deserves to be granted. Hence, I

proceed to pass the following order :-


                               ORDER


I.   Criminal Application stands allowed.
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II.   The substantive sentence imposed on the applicant - Anand s/o
      Ambadas Pohalkar in Special Case No. 338 of 2021 by the
      Special Judge (POCSO Act), Aurangabad on 20.11.2025 stands
      suspended till the final hearing and disposal of Criminal Appeal
      No.359 of 2026.

III. The applicant be released on P.R. Bond of Rs.15,000/- (Rupees
      Fifteen Thousand Only) with two solvent sureties in the like
      amount.

IV. The applicant shall not commit any criminal activity.

V.    The applicant shall remain present before the learned trial Judge
      once in six months, till final hearing and disposal of the appeal,
      commencing from the date he tenders bail papers and thereafter,
      the trial Judge to fix dates for his subsequent appearances.

VI. In case of two consecutive defaults on the part of the applicant to
      remain present before the trial court, the trial court to inform
      this court about the same and in that eventuality, the
      prosecution would be at liberty to file an application for
      cancellation of bail granted to the applicant.

VII. Bail before the trial court.

VIII. Fees of learned Counsel, who is appointed to represent the cause
      of respondent No.2, is to be paid by High Court Legal Services
      Sub Committee, Aurangabad, as per rules.



                                            [ABHAY S. WAGHWASE, J.]



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