Bombay High Court

SURAJ MAHADEV CHAVANversusSTATE OF MAHARASHTRA AND ANR

Disposal: Disposed off as Withdrawn

Holding

The Court granted leave to withdraw the interim application and disposed of it.

Summary

The applicant, convicted under Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 and Section 376(2)(l)(n) of the IPC, filed an interim application seeking suspension of his 20‑year sentence. While the appeal was pending, the applicant’s counsel requested to withdraw the interim application and have the main criminal appeal heard on its merits. The State and the second respondent did not oppose the withdrawal. The Court, noting the applicant’s request and the lack of opposition, granted leave to withdraw the interim application. Consequently, the interim application was disposed of and the criminal appeal was scheduled for a final hearing on 14 October 2026.

Issues considered

Whether an interim application seeking suspension of a sentence may be withdrawn at the request of the applicant.
Whether the court should entertain the withdrawal in the absence of opposition.

Legislation cited

Indian Penal Code, 1860 — s. 376(2)(l)(n)
Protection of Children from Sexual Offences Act, 2012 — s. 4, 6

Subjects

criminal procedure
interim application
suspension of sentence
withdrawal of application
POCSO
IPC
appeal scheduling

Judgment

                                                                           916 - CRI IA - 1149 - 2025.docx



VAIBHAV
                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
RAMESH
JADHAV                                   CIRCUIT BENCH AT KOLHAPUR
Digitally signed by
VAIBHAV RAMESH
JADHAV
Date: 2026.09.02
19:34:18 +0530
                                       CRIMINAL APPELLATE JURISDICTION

                                CRIMINAL INTERIM APPLICATION NO. 1149 OF 2025
                                                     IN
                                       CRIMINAL APPEAL NO.306 OF 2025

                      Suraj Mahadev Chavan                              … Applicant
                                   V/s.
                      The State of Maharashtra & Anr.                   … Respondents

                      Mr. Shreekrishna N. More for the Applicant.
                      Dr. Ashvini A. Takalkar, APP for the State.
                      Ms. Sujata B. Lohar, for Respondent No.2. (Appointed
                      through Legal Aid).
                      Mr. S. S. Bhagat, ASI, Shirwal Police Station is present.



                                                    CORAM           : ASHWIN D. BHOBE, J.

                                                    DATED           : SEPTEMBER 2, 2026
                      P.C.:


                      1.      By the present Application, the Applicant, has sought suspension

                      of the sentence imposed on the Applicant vide judgment and order

                      dated 15th February 2025 passed by the Special Additional Sessions

                      Judge, Wai, whereby the Applicant has been convicted for the offences

                      punishable under Sections 4 and 6 of the Protection of Children from

                      Sexual Offences Act, 2012 and Section 376(2)(l)(n) of the Indian Penal

                      Code, 1860, for a period of 20 years.




                      VRJ                                                                               1
                                                  916 - CRI IA - 1149 - 2025.docx


2.    Mr. Shreekrishna N. More, learned Advocate for the Applicant,

states that during the pendency of Special Case No. 109 of 2023, the

Applicant was in jail. Mr. Shreekrishna N. More, learned Advocate for

the Applicant, therefore, on instructions from the Applicant, seeks leave

to withdraw the present Interim Application, with a request that

Criminal Appeal No. 306 of 2025 be considered for final hearing.


3.    This request is not opposed by Dr. Ashvini A. Takalkar, learned

APP for the State, and Ms. Sujata Lohar, learned Advocate for

Respondent No. 2.


4.    In view of the statement made by Mr. Shreekrishna N. More,

learned Advocate for the Applicant, leave is granted to withdraw the

present Interim Application No. 1149 of 2025.


5.    Interim Application No. 1149 of 2025 is disposed of.


6.    List Criminal Appeal No. 306 of 2025 for final hearing on 14th

October 2026, subject to the record and proceedings being received and

the paper-book in this matter being prepared.




                                          (ASHWIN D. BHOBE, J.)




VRJ                                                                            2

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