Bombay High Court

SHAIKH MOSIN SHAIKH WASHIM AND ANOTHERversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: APPLICATION ALLOWED

Holding

The court held that, despite the seriousness of the offences, suspension of the substantive sentence and grant of bail are permissible pending the final hearing of the appeal.

Summary

The appellants, Shaikh Mosin Shaikh Washim and Shaikh Rahim Shaikh Washim, were convicted by the District Judge‑4 and Additional Sessions Judge, Jalna, under Sections 8 and 12 of the Protection of Children from Sexual Offences (POCSO) Act and Sections 506, 323 read with 34 of the Indian Penal Code, receiving a three‑year term and a fine. While on bail during trial, they filed a criminal application seeking suspension of the substantive sentence and fresh bail pending the hearing of their appeal (Criminal Appeal No. 653 of 2026). The State and the victim’s counsel opposed the relief, arguing that the conviction was based on a full‑fledged trial and the offences involved a minor victim. The High Court, noting the quantum of the sentence, the nature of the allegations, and the delay in hearing the appeal, allowed the application, suspending the sentence until the appeal is decided and granting bail on a personal bond of Rs 15,000 with sureties and conditions of appearance. The order also directed payment of the appointed counsel’s fees by the High Court Legal Services Sub‑Committee.

Issues considered

Whether a conviction under the POCSO Act and IPC for offences involving a minor can be subjected to suspension of sentence and grant of bail pending appeal
Whether the seriousness of the offences and the victim’s age preclude the grant of bail

Legislation cited

Indian Penal Code, 1860 — s. 323, 34, 506
Protection of Children from Sexual Offences (POCSO) Act — s. 12, 8

Subjects

bail
suspension of sentence
POCSO
child sexual offence
appeal
criminal procedure
high court

Judgment

2026:BHC-AUG:38802

907-Cri-Apln-3287-2026.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD

907 CRIMINAL APPLICATION NO. 3287 OF 2026
IN APEAL/653/2026

1) SHAIKH MOSIN SHAIKH WASHIM
2) SHAIKH RAHIM SHAIKH WASHIM
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
.…
Mr. Satyajit S. Bora, Advocate for Applicants
Mr. V. V. Jahagirdar, APP for Respondent No.1 – State
Ms Sayali Tekale – Dadpe, Advocate (Appointed) for Respondent
No.2
.…

CORAM : ABHAY S. WAGHWASE, J.

DATE : August 28, 2026
PER COURT :-

1. This is an application for suspension of substantive

sentence and grant of bail awarded by the learned District Judge-4

and Additional Sessions Judge, Jalna, District Jalna in Special

Case (Child) No.141 of 2020, dated 20.07.2026, convicting the

applicants for the offence under Sections 8 and 12 of the

Protection of Children from Sexual Offences (POCSO) Act and

under Sections 506 and 323 read with 34 of I.P.C.

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2. Learned counsel for applicants submits that the applicants

were tried vide above Special Case (Child) No.141 of 2020 and vide

judgment and order dated 20.07.2026, they came to be convicted for

above offences. Sentence awarded is maximum three years and pay

fine. Fine amount is said to be paid. According to him, applicants

were on bail during trial. 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.

3. Learned APP as well as learned counsel for the victim,

both strongly opposed the application on the ground that on full

fledged trial, on appreciation of evidence, conviction has been

recorded. The victim is 15 years of age. Learned APP submitted that

the charges are duly attracted and proved, therefore, opposed for

suspension of sentence.

4. Considering the above submissions, taking into account

the quantum of sentence and nature of allegations and the appeal is

being of 2026, may not be heard in near future, relief as prayed,

deserves to be granted. Hence, the following order:-

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ORDER
(i) Criminal Application stands allowed.

(ii) The substantive sentence imposed on the applicants i.e. (1)
Shaikh Mosin Shaikh Washim and (2) Shaikh Rahim
Shaikh Washim, by the learned District Judge-4 and
Additional Sessions Judge, Jalna, District Jalna, in Special
Case (Child) No.141 of 2020, dated 20.07.2026, stands
suspended till final hearing and disposal of Criminal Appeal
No.653 of 2026.
(iii) The applicants be released on P.R. Bond of Rs.15,000/-
(Rupees Fifteen thousand only) each with two solvent
sureties each in the like amount.

(iv) The applicants shall not commit any criminal activity.

(v) The applicants shall remain present before the learned trial
Judge once in six months, till final hearing and disposal of
the appeal, commencing from the date they tenders bail
papers and thereafter, the trial Judge to fix dates for their
subsequent appearances.

(vi) In case of two consecutive defaults on the part of the
applicants 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
applicants.

(vii) Bail before the trial Court.

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(viii) The fees of the appointed counsel Ms Sayali Tekale -
Dadpe, shall be quantified as per rules and be paid by the
High Court Legal Services Sub-Committee, Aurangabad.

[ ABHAY S. WAGHWASE, J. ]

SMS

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