VASANT SHIVAJI WADIKARversusTHE STATE OF MAHARASHTRA

2026:BHC-AUG:38725


                                                                      CriAppln-3170-2026
                                                  -1-

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD
                              CRIMINAL APPLICATION NO. 3170 OF 2026
                                               IN
                                 CRIMINAL APPEAL NO. 302 OF 2025
                 Vasant Shivaji Wadikar                             … Applicant

                       Versus

                 The State of Maharashtra                           … Respondent
                                                  …..
                 Mr. Satej S. Jadhav, Advocate for the Applicant.
                 Mr. V. S. Badakh, APP for the Respondent-State.
                                                   .....

                                           CORAM :      ABHAY S. WAGHWASE, J.
                                   RESERVED ON : 27.08.2026
                                PRONOUNCED ON : 28.08.2026

                 ORDER :


                 1.    Instant application is for suspension of sentence awarded in

                 Sessions Case No. 16 of 2024 dated 19.03.2025 by learned Additional

                 Sessions Judge, Ahmedpur, District Latur for offence under Section

                 397, 201 of the Indian Penal Code [IPC] and equally, prayer is raised

                 for grant of bail also.


                 2.    Learned Counsel for the applicant submitted that present

                 applicant was arraigned as accused No.2 in above Sessions Case and

                 he was convicted by judgment and order dated 19.03.2025. That,

                 against the same, appeal has been preferred, but, it being of recent

                 one, there are no chances of hearing the appeal.
                                                     CriAppln-3170-2026
                                  -2-

3.    On merits, he would submit that applicant was barely 21 years

of age when he was tried. He is behind bars since almost one and a

half year. That, in fact, there is no convincing, cogent and reliable

evidence, but still the applicant stood convicted. He pointed out that

the allegation is of snatching cash from the possession of the

complainant. However, taking this Court through the testimony of the

complainant, he submitted that, firstly, the alleged three persons had

covered their faces and, therefore, were not identifiable. Moreover,

although the incident was allegedly witnessed by the complainant, no

Test Identification Parade was conducted. Identification is on the

basis of CCTV footage which was displayed for the first time in the

Court. Moreover, against applicant there are no allegations of he

armed with any article or knife or even snatching. Moreover, in the

light of the evidence of complainant and the cross-examination of the

other prosecution witnesses, it is doubtful whether the amount

claimed by the complainant was actually in his possession and was

thereafter forcibly taken away. That, applicant has no criminal

antecedents at all and for above reasons, relief of suspension of

sentence is urged for.


4.    Learned APP opposed the application on the ground that on full

fledged trial, conviction has been recorded. As there is no merit in the
                                                     CriAppln-3170-2026
                                  -3-

application, it is prayed that the application for suspension of

sentence be rejected.


5.    Heard. Perused the record. It appears that the complainant is

examined at Exhibit-17, who claims himself to be a pigmy agent. On

07.10.2023, while he was proceeding towards his house at around

11.00 to 11.15 a.m., he claims that three persons came on motorcycle

and intercepted his vehicle. He claims that two of them tried to snatch

bag in his possession, which was resisted. Then, he claims that one of

them assaulted him by means of Koyta and in the scuffle, two bundles

of Rs.50,000/- each fell and that was picked up by those persons and

they fled. He has given description like one of them tying Turban,

while another is wearing skull cap and these two persons had

allegedly assaulted him, whereas the third one was sitting on the

vehicle. He specifically stated that he was assaulted by a person

wearing Turban.

      While under cross-examination, he admitted that all three

persons had covered their faces. Even in the CCTV footage, all three

persons are seen with their faces completely covered. Thus, the

identification of the applicant is primarily based on the CCTV footage.

However, no Test Identification Parade was conducted.
                                                      CriAppln-3170-2026
                                   -4-

6.      Applicant is behind bars since March, 2025 i.e. almost one and

a half years back. Admittedly, the appeal is of 2025 and may not be

heard immediately. Considering his age and above discussion, relief

as prayed deserves to be granted. Hence, the following order is

passed :-

                                 ORDER

I.    Criminal Application stands allowed.

II.   The substantive sentence imposed on the applicant – Vasant

      Shivaji Wadikar in Sessions Case No. 16 of 2024 by the learned

      Additional   Sessions   Judge,     Ahmedpur, District   Latur   on

      19.03.2025, stands suspended till the final hearing and disposal

      of Criminal Appeal No.302 of 2025.

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.
                                                       CriAppln-3170-2026
                                    -5-

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.



                                            [ABHAY S. WAGHWASE, J.]

scm