Bombay High Court
AAYAN WAYID KHATIKversusTHE STATE OF MAHARASHTRA AND ANOTHER
- Disposal
- APPLICATION ALLOWED
- Bench
- ABHAY S WAGHWASE
Holding
The criminal application is allowed; the sentence is suspended and bail is granted pending the final hearing of the appeal.
Summary
The applicant, Aayan Wayid Khatik, was convicted under Section 12 of the Protection of Children from Sexual Offences (POCSO) Act and sentenced to six months' imprisonment with a fine, which has been paid. He was on bail during the trial and has filed a criminal application seeking suspension of the sentence and release on bail pending the hearing of his appeal. The State opposed, arguing that a conviction had been recorded. The Court considered the short term of imprisonment and the likely delay in hearing the appeal, and deemed that the applicant should be allowed liberty pending the final disposal. Consequently, the Court ordered the suspension of the sentence, granted bail on a personal bond with sureties, and imposed conditions for periodic appearance before the trial court. The order also provided for cancellation of bail upon repeated defaults.
Issues considered
- Whether the sentence imposed under Section 12 of the POCSO Act should be suspended pending the final hearing of the appeal
- Whether bail should be granted to the convicted applicant during the pendency of the appeal
Legislation cited
Subjects
- POCSO
- suspension of sentence
- bail
- criminal appeal
- child sexual offence
- sentence suspension
Judgment
2026:BHC-AUG:32584
P-2(a)-Cri-Apln-3109-2026.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 3109 OF 2026
IN
CRIMINAL APPEAL NO. 618 OF 2026
AAYAN WAYID KHATIK
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
.…
Mr. Shaikh Mazhar A. Jahagirdar, Advocate for Applicant
Mr. S. D. Ghayal, APP for Respondent - State
.…
CORAM : ABHAY S. WAGHWASE, J.
DATE : July 31, 2026
PER COURT :-
1. Not on board. Upon mentioning, taken on board.
2. This is an application for suspension of sentence and
grant of bail in consequent to the judgment and order of
conviction recorded by learned Designated Judge under Protection
of Children from Sexual Offences Act, 2012 at Jalgaon District
Jalgaon in Special Case No.160 of 2020 dated 14.07.2026.
3. Learned counsel for the applicant submits that the
applicant was tried vide above sessions case and came to be
1 of 3
(( 2 )) P-2(a)-Cri-Apln-3109-2026
convicted by above judgment and order for the offence under Section
12 of POCSO Act. Sentence awarded is maximum six months and pay
fine. Fine amount is paid. According to him, applicant was on bail
during trial. As appeal is of 2026, as much more time is required to
hear the appeal, relief of suspension of sentence and grant of bail is
urged for.
4. Learned APP opposed on the ground that on full fledged
trial conviction has been recorded.
5. After considering the above submissions, taking into
account sentence of six months and that appeal being 2026, may not
be heard in near future, relief as prayed deserves to be granted.
Hence, the following order:-
ORDER
(i) Criminal Application stands allowed.
(ii) The substantive sentence imposed on the applicant Aayan
Wayid Khatik by the learned Designated Judge under
Protection of Children from Sexual Offences Act, 2012 at
Jalgaon, District Jalgaon in Special Case No. 160 of 2020
dated 14.07.2026 stands suspended till final hearing and
disposal of Criminal Appeal No.618 of 2026.
2 of 3
(( 3 )) P-2(a)-Cri-Apln-3109-2026
(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 the bail granted to the
applicant.
(vii) Bail before the trial Court.
[ ABHAY S. WAGHWASE, J. ]
SMS
3 of 3
Checking your session…