Bombay High Court

MUKUND S/O RAMESHWAR BHULANGEversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: APPLICATION ALLOWED

Holding

The court held that, given the short term of imprisonment and the anticipated delay in hearing the appeal, the sentence should be suspended and bail granted pending the final disposal of the appeal.

Summary

Mukund Rameshwar Bhulange was convicted by an Additional Sessions Judge, Parbhani, in Special Case No.89 of 2021 for an offence under Section 12 of the Protection of Children from Sexual Offences (POCSO) Act, receiving a six‑month imprisonment and a fine which has been paid. He filed a criminal application seeking suspension of the sentence and bail pending the hearing of his appeal (Criminal Appeal No.1077 of 2023). The State opposed, arguing that a full trial conviction had already been recorded. The High Court, noting the short term of imprisonment and the delay expected in hearing the appeal, allowed the application, suspending the sentence until the appeal is finally decided and granting bail on a personal bond of Rs.15,000 with two sureties, subject to conditions of appearance and non‑commission of further offences.

Issues considered

Whether a sentence of six months imprisonment can be suspended pending the final disposal of an appeal.
Whether bail can be granted to a convicted person under Section 12 of the POCSO Act while the appeal is pending.

Legislation cited

Protection of Children from Sexual Offences (POCSO) Act — s. 12

Subjects

bail
suspension of sentence
appeal
POCSO
criminal procedure
conviction
short sentence

Judgment

2026:BHC-AUG:41211


                                                              6(A)-Cri-Apln-4084-2023.odt




                       IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                  BENCH AT AURANGABAD

                          6 CRIMINAL APPLICATION NO. 4084 OF 2023
                                    IN APEAL/1077/2023

                            MUKUND S/O RAMESHWAR BHULANGE
                                             VERSUS
                         THE STATE OF MAHARASHTRA AND ANOTHER
                                                .…
                 Mr. Mahesh P. Kale, Advocate for Applicant
                 Ms A. S. Mantri, APP for Respondent No.1 – State
                 Mr. S. M. Gunjkar h/f Mr. P. N. Kalani, Advocate for Respondent
                 No.2
                                                .…

                                   CORAM : ABHAY S. WAGHWASE, J.

                                      DATE : 07 September, 2026
                 PER COURT :-


                 1.         This is an application for suspension of sentence and

                 grant of bail in consequence to the judgment and order of

                 conviction recorded by learned Additional Sessions Judge,

                 Parbhani, in Special Case No.89 of 2021, dated 16.10.2023.


                 2.         Learned counsel for the applicant submits that the

                 applicant was tried vide above special case and came to be

                 convicted by above judgment and order for the offence under


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Section 12 of Protection of Children from Sexual Offences (POCSO)

Act. Sentence awarded is maximum six months and to pay fine. Fine

amount is said to be paid. According to him, applicant was on bail

during trial. As the appeal is of 2026, much more time is required to

hear the appeal, relief of suspension of sentence and grant of bail is

urged for.


3.           Learned APP and the learned counsel for respondent No.2

opposed on the ground that on full fledged trial conviction has been

recorded.


4.           After considering the above submissions, taking into

account sentence of six months and that appeal is of 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 Mukund
             Rameshwar Bhulange, by the learned Additional Sessions
             Judge, Parbhani, in Special Case No.89 of 2021, dated
             16.10.2023, stands suspended till final hearing and disposal
             of Criminal Appeal No.1077 of 2023.


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      (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




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