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Bombay High Court

MUJAHARI ALIAS SUNIL TUKARAM NAGARGOJEversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal
DISPOSED OFF

Holding

The sentence imposed under the POCSO Act is suspended until the final hearing of the appeal, and bail is granted to the applicant.

Summary

The applicant, Munjahari @ Sunil Tukaram Nagargoje, was convicted by a Special Court under the POCSO Act for an offence punishable under Section 366 of the IPC and sentenced to three years' rigorous imprisonment and a fine. He filed a criminal application seeking suspension of the sentence and bail pending the hearing of his appeal (Criminal Appeal No. 367 of 2026). The State opposed the application, noting the conviction and the maximum sentence of three years. The Court observed that the appeal was recent and likely to be delayed, and that the applicant had previously been released on bail during trial and had been granted suspension by the trial court. Accordingly, the Court allowed the application, suspending the substantive sentence until the appeal is finally decided and granting bail on a personal bond with surety.

Issues considered

  • Whether the conviction and sentence imposed under the POCSO Act and IPC Section 366 can be suspended pending the final disposal of the appeal
  • Whether bail can be granted to the convicted applicant during the pendency of the appeal

Legislation cited

Subjects

  • suspension of sentence
  • bail
  • appeal
  • POCSO Act
  • IPC Section 366
  • criminal application
  • special court

Judgment

2026:BHC-AUG:21910
                                                                       25-CRIAPLN-1915-26.odt
                                                  1

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                            CRIMINAL APPLICATION NO.1915 OF 2026
                                            IN
                               CRIMINAL APPEAL NO. 367 OF 2026

          Munjahari @ Sunil Tukaram Nagargoje,
          Age: 34 years, Occu.: Agri,
          R/o. Nagarpur, Tq. Ambajogai,
          District Beed.                                          … Applicant

                VERSUS

          The State of Maharashtra
          Through Officer In charge,
          Police Station Parli Rural,
          Dist. Beed.                                             … Respondent

                                             ......
          Mr. Shrikant G. Kawade,Advocate for Applicant
          Mr. V.K. Kotecha, 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)

          Ambajogai dated 06.05.2026 in Special (POCSO) Case No. 02 of 2019.
                                                                     25-CRIAPLN-1915-26.odt
                                         2

2.      Learned counsel pointed out that present applicant has been held guilty

by the learned Judge, Special Court (POCSO), Ambajogai vide judgment dated

06.05.2026 in Special (POCSO) Case No. 02 of 2019 for offence punishable

under Section 366 of the Indian Penal Code and sentenced to undergo rigorous

imprisonment for three years and fine of Rs.500/- I.D.R.I. for three months.

That, maximum sentence for which the applicant is punished 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 is 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. 367 of 2026. Consequently, appeal

being recent, may not be heard early. Applicant was reported to be on bail

during trial and 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.
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(II)       The substantive sentence imposed on the applicant in Special (POCSO)
Case No. 02 of 2019 by the learned Special Judge, (POCSO), Ambajogai on
05.05.2026, stands suspended till the final hearing and disposal of Criminal
Appeal No. 367 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


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