Bombay High Court

AMOL ALIAS BALU UTTRESHWAR BARGALversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: DISPOSED OFF
Bench: S G CHAPALGAONKAR

Holding

The application is allowed; the substantive sentence is suspended pending appeal and the applicant is released on bail upon furnishing the prescribed bond and surety.

Summary

The applicant, Amol alias Balu Uttreshwar Bargal, was convicted by a Special Judge of offences under IPC sections 354, 354(A), 342, 323 and POCSO Act sections 8 and 12, and sentenced to three years’ rigorous imprisonment. The trial court had already suspended the substantive sentence and the applicant had been on bail throughout the trial without misusing liberty. He filed a criminal application seeking suspension of the sentence and bail pending appeal, showing compliance with the fine and noting that the appeal would not be heard soon. The High Court, considering the short term of imprisonment, the applicant’s conduct, and the delay in hearing the appeal, allowed the application, suspended the sentence until the appeal is decided, and granted bail on a cash and surety bond. The order also directed that bail be recorded as before the trial court.

Issues considered

Whether the applicant is entitled to bail pending appeal against his conviction and sentence
Whether the substantive sentence should be suspended pending the disposal of the appeal

Legislation cited

Indian Penal Code, 1860 — s. 323, 342, 354, 354A
Protection of Children from Sexual Offences Act, 2012 — s. 12, 8

Subjects

bail
suspension of sentence
appeal
IPC
POCSO
criminal procedure
rigorous imprisonment

Judgment

2026:BHC-AUG:22032
906(i)-CRIAPLN-1972-2026.odt
1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 1972 OF 2026
IN APEAL/409/2026

AMOL ALIAS BALU UTTRESHWAR BARGAL
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER

......
Mr. Sunil P. Koli, Advocate for Applicant
Ms. V. P. Dama, APP for Respondents-State
......

CORAM : S. G. CHAPALGAONKAR, J.
[VACATION COURT]
DATE : 29 MAY, 2026
PER COURT :

1. Heard learned Advocate appearing for Applicant and learned APP
appearing for Respondent/State.

2. Issue notice to Respondents. Learned APP waives service of notice
for Respondents– State.

3. The present application is filed for suspension of sentence and grant
of bail on account of the conviction recorded by the learned Special Judge,
Kallam dated 04.05.2026 in Special Case No. 161/2023. The Applicant has
been convicted for offences punishable under Sections 354, 354(A), 342,
and 323 of the Indian Penal Code, as well as offences under Sections 8 and
12 of the Protection of Children from Sexual Offences Act, 2012, and
sentenced to undergo rigorous imprisonment for a period of three years. The
substantive sentence imposed upon the Applicant has been suspended by the
Trial Court. The appeal filed by the Applicant has been admitted by this
Court. The Applicant has shown compliance with the fine amount. The
record indicates that the Applicant was on bail during the course of trial and
906(i)-CRIAPLN-1972-2026.odt
2

has not misused the liberty. Even after conviction, the learned Sessions
Court granted him bail till the appeal period.

4. Looking to the reasoning adopted by the learned Special Judge in the
impugned order, and considering the fact that the appeal is not likely to be
heard in the near future, as well as the short sentence imposed on the
Applicant, a case is made out to release him on bail pending appeal. In
result, the following order is passed :
ORDER

(I) The Criminal Application is allowed.

(II) The substantive sentence imposed on the Applicant vide judgment
and order dated 04.05.2026 passed by the learned Special Judge, Kallam, in
Special Case No.161/2023, whereby he has been convicted for offences
punishable under Sections 354, 354(A), 342, and 323 of the Indian Penal
Code, as well as offences under Sections 8 and 12 of the Protection of
Children from Sexual Offences Act, 2012, and sentenced to undergo
rigorous imprisonment for a period of three years, is suspended till the
conclusion of the appeal.

(III) The Applicant be released on bail on executing P.B. and S.B. of
Rs.30,000/- (Rupees Thirty Thousand Only) with one solvent surety in like
amount.

(IV) Bail before the trial Court.

[ S. G. CHAPALGAONKAR ]
JUDGE

NAJEEB..

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