Bombay High Court
VIKAS SUBHASH PATILversusTHE STATE OF MAHARASHTRA
- Disposal
- DISPOSED OFF
- Bench
- RAJNISH R VYAS
Holding
The Court held that the sentence may be suspended pending the final decision of the appeal as the applicant has not misused his liberty.
Summary
The applicant, convicted under Section 354-A of the Indian Penal Code and Section 11(i) read with Section 12 of the Protection of Children from Sexual Offences (POCSO) Act, was sentenced to two years' rigorous imprisonment and a fine. After surrendering to the court, he was granted bail and deposited the fine. He filed an application seeking suspension of the sentence pending the final decision of his appeal, arguing that he had not misused his liberty while on bail. The State opposed, contending the offences were serious and bail should not be extended. The Court examined the record, noted the fixed term of two years, the applicant's compliance with bail conditions, and the pending appeal, and consequently ordered the suspension of the sentence until the appeal is decided, releasing the applicant on the same terms as earlier bail.
Issues considered
- Whether a sentence for offences under IPC Section 354-A and POCSO Act Section 11(i) read with Section 12 can be suspended pending appeal
- Whether the seriousness of the offences precludes suspension of sentence and release on bail
Legislation cited
- Indian Penal Code, 1860 — s. 354-A
- Protection of Children from Sexual Offences Act — s. 11(i), 12
Subjects
- bail
- suspension of sentence
- POCSO
- sexual offences
- IPC 354-A
- legal aid
- appeal
- criminal procedure
Judgment
2026:BHC-AUG:4463
1 7.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 4514 OF 2025
IN
APEAL/910/2025
VIKAS SUBHASH PATIL
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
...
Advocate for Applicant : Mr. Kulkarni Suniket Anil
APP for Respondent No. 1 : Mr. V.K. Kotecha
Advocate for Respondent No. 2 : Mr. D.S. Ingole
...
CORAM : RAJNISH R. VYAS, J.
DATE : 02ND FEBRUARY, 2026
PER COURT :
1. Mother of victim is present in the Court. She requests for
grant of legal aid.
2. I have requested Mr. Ingole, who has graciously accepted
my request and has shown his willingness to represent the victim. Mr.
Ingole, is accordingly appointed to represent the victim.
3. Mr. Ingole, in short span of time has prepared himself.
4. This is an application for grant of bail and suspension of
sentence by the original accused who was convicted for commission of
2 7.odt
offence punishable under Section 354-A of the Indian Penal Code and
under Section 11 (i) read with Section 12 of the Protection of Children
from Sexual Offences Act. He was directed to suffer rigorous
imprisonment for two years and pay fine of Rs. 2,000/- in respect of
offences punishable under Section 11 (i) read with Section 12 of the
Protection of Children from Sexual Offences Act. The default sentence
was also imposed.
5. Learned counsel for the applicant submitted that applicant
has deposited amount of fine. According to him, all through out the trial
applicant did not misuse his liberty. After judgment of conviction
rendered by Special Judge (POCSO) in Special Case No. 54/2020 on
20.11.2025, appicant had surrendered to the custody of the Court and,
thereafter, preferred an application for grant of bail and suspension of
sentence, which was allowed. He submitted that applicant has arguable
points in appeal.
6. Learned APP has opposed the application on the ground that
the offences for which the applicant is convicted is of serious offence.
7. Mr. Ingole, appointed counsel has contended that since the
conviction is also under the Protection of Children from Sexual Offences
Act, the considerations will be different and, therefore, just because the
applicant was on bail, he may not be released on bail.
3 7.odt
8. I have gone through the record of the case and have given
thoughtful consideration to the argument advanced. The sentence
awarded on the applicant is of two years, which is of fixed term. The
final hearing of the appeal may take some time and, therefore, in order to
protect the liberty of the accused, the sentence can be suspended. It is not
even the case of the prosecution that the accused has misused his liberty
when he was on bail in trial. The applicant had surrendered to the custody
of the Court after pronouncement of judgment of conviction and sentence
was suspended and the said order was also continued by this Court. In
that view of the matter, following order is passed :
ORDER
i. Application is allowed.
ii. The sentence imposed in Special Case No. 54/2020 by
Additional Sessions Judge, Dhule, in Special Judge, POCSO
on 20.11.2025 of two years imposed upon the applicant for
commission of offence punishable under Section 354 of the
IPC and Section 11 (I) read with 12 of the Protection of
Children from Sexual Offences Act, is suspended till final
decision of appeal.
iii. The applicant be released on same terms and
conditions as were imposed by the trial Court.
4 7.odt
iv. The fees of learned appointed counsel is
quantified at Rs. 7,000/- (Rupees seven thousand).
v. Application is disposed of.
( RAJNISH R. VYAS, J. )
SPC
Checking your session…