RAMZAN NABI MAKANDAR AND ANRversusTHE STATE OF MAHARASHTRA

2026:BHC-KOL:4584
                                                                         40.Cri.IA-244-2026.odt
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                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              CIRCUIT BENCH AT KOLHAPUR
                               CRIMINAL APPELLATE JURISDICTION

                     CRIMINAL INTERIM APPLICATION NO. 244 OF 2026
                                   IN APEAL/66/2026
                               1. RAMZAN NABI MAKANDAR
                               2. ARBAJ IQBAL BEG
                                          VERSUS
                               THE STATE OF MAHARASHTRA
                                             ......
                       Advocate for Applicants : Mr. Rakesh Shinde a/w
                                        Mr. Shubham Patil

                      APP for Respondent-State : Mr. Anand S. Salgaonkar

                      Advocate for Respondent No.2 : Adv. Poonam Dhotre
                                            ......

                                           CORAM     : MEHROZ K. PATHAN, J.
                                           DATE      : 22nd JUNE, 2026
          PER COURT :
          1.        Heard the learned Counsels for the parties.

          2.        The Criminal Application is filed by the Applicants seeking
          suspension of sentence and grant of bail, on account of their conviction
          recorded by the learned Sessions Judge, Gadhinglaj, Kolhapur on
          11.12.2025 in Special Case No. 19/2022. In the said case, Applicant No.
          1/Ramzan      Nabi    Makandar    is   sentenced   to   undergo     maximum
          imprisonment of one year under Section 354 of the IPC along with fine of
          Rs.1,000/- and also sentenced for other offences under various Sections.
          Applicant No. 2 is acquitted of the offence punishable under Section 354
          of the IPC. However, both the accused have been convicted under
          Sections 452, 294, 323, 504, 506 of the IPC and Section 12 of the POCSO
          Act. Applicant No. 1 has been directed to deposit a total fine of
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Rs.10,500/-, whereas Applicant No. 2 has been directed to pay a fine of
Rs.5,500/-. Applicant No. 2 is sentenced to undergo maximum
imprisonment of 3 months under Sections 452, 294, 323, 504, and 506 of
the IPC, with the substantive sentences directed to run accordingly.


3.     The learned Counsel for the Applicants Mr. Shinde submits that
Applicants are falsely implicated in the aforesaid case. The FIR is lodged
with an intention to wreak vengeance against the Applicants. Applicant
No. 1 has already deposited the fine amount of Rs.10,500/-, and
Applicant No. 2 has deposited Rs. 5,500/-. The Applicants were
previously arrested during the periods from 10.05.2022 to 01.06.2022
and from 03.06.2025 to 12.06.2025. The Applicants have no other
criminal antecedents and are willing to abide by any conditions that may
be imposed by this Court. Taking into consideration the testimony of the
prosecution witnesses and the variance therein, there is every likelihood
that the appeal may result in acquittal of the accused Applicants. The
Applicants have good case on merits in the present appeal. This Court has
already admitted the appeal vide order dated 07.03.2026 by condoning
the delay. As the appeal will take its own time for hearing, the substantive
sentence imposed upon the Applicants may be suspended.


4.     On the other hand, the learned APP as well as the appointed
Counsel strongly oppose the application for suspension of sentence on the
ground that the Applicants are involved in a serious offence. There are
direct allegations of outraging the modesty of the victim against the
Applicants. The Applicants reside in the same village as the Complainant,
and there is apprehension that they may again threaten the Complainant
and her family members if released on bail. The learned appointed
Counsel further points to the incidents dated 03.05.2022 and 08.05.2022,
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submitting that the Applicants abused and threatened the father of the
victim with dire consequences, and also threatened to commit rape upon
the victim girl. It is alleged that Applicant No. 2 assaulted the father;
however, the brother of the Complainant intervened and resolved the
scuffle, after which the FIR was immediately lodged. The prosecution has
led cogent evidence which, according to the learned Counsel, is sufficient
to bring home the guilt of the present Applicants. Hence this is not a fit
case to release the Applicants on bail by suspending the sentence as there
is every likelihood that the appeal may be dismissed by this Court.


5.     I have gone through the judgment of the learned Sessions Judge,
Gadhinglaj, Kolhapur, along with the testimony of the victim and the
other prosecution witnesses. The allegations in the FIR pertain to an
incident dated 03.05.2022. Though the alleged incident of outraging the
modesty of the victim, who is the daughter of the complainant, occurred
on 03.05.2022, the FIR came to be lodged only on 10.05.2022. Thus,
there is a delay of seven days in lodging the FIR. At this stage, the
submission that the Applicants are falsely implicated in the present crime
appears to be probable. However, these observations are prima facie in
nature and are made only for the purpose of deciding the present
application. The appeal was admitted on 07.03.2026, however,
considering the pendency of appeals before this Court, it is likely to take
considerable time for final hearing and disposal. Hence, I am inclined to
exercise powers under Section 430 of the BNSS to suspend the sentence
of the present Applicants. Hence, following order is passed.
                                 ORDER

(I)     Criminal Interim Application stands allowed.


(II)    The substantive sentence imposed on the Applicants in Sessions
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Case No. 19/2022 by the learned Sessions Judge, Gadhinglaj, Kolhapur,
dated 11.12.2025, stands suspended till the final hearing and disposal of
Criminal Appeal No. 66 of 2026.


(III)      The Applicants shall be released on the same terms and conditions
as were imposed by the learned trial Court and on the same bail bonds
furnished before the learned trial Court during the pendency of the trial.


(IV)       The Applicants shall attend the Chandgad Police Station, District
Kolhapur on 1st of February and 1st of August of every year and provide
the detailed address and phone numbers of himself and two near
relatives.


(V)        Failure on the part of the Applicants shall entitle the prosecution
to seek cancellation of bail.


(VI)       The High Court Legal Services Committee shall pay the fees of the
appointed Counsel, which are quantified at Rs. 6,000/-.


(VII)      Application stands disposed of.



                                                 [ MEHROZ K. PATHAN ]
                                                       JUDGE




NAJEEB..