Bombay High Court

Sandip Vishnu HajgulkarversusState of Maharashtra and anr

Disposal: Allowed

Holding

The court stayed the imprisonment sentence and ordered the appellant’s release on bail subject to a personal bond and payment of the fine pending the appeal.

Summary

The High Court considered an interim application filed by Sandip Vishnu Hajgulkar, convicted under IPC section 376(2)(n) and POCSO sections 4, 8 and 12 for sexual offences against a 16‑year‑old girl. The applicant sought suspension of the imprisonment sentence and release on bail pending the disposal of Criminal Appeal No. 755 of 2025, contending that the relationship was consensual and the complaint was motivated by family objections. The trial court had upheld the conviction and imposed a fine, while the appellant argued he had complied with bail conditions during the trial. The bench observed that the appellant appeared to have a fair chance of success on the merits and that no breach of bail conditions was alleged. Consequently, the court stayed the sentence, ordered release on bail upon furnishing a personal bond of Rs 50,000 with sureties, and directed payment of the fine within four weeks. The interim application was disposed of by granting the relief.

Issues considered

Whether the sentence of imprisonment in a sexual offence case involving a minor can be stayed pending appeal
Whether bail can be granted to the convicted appellant during the pendency of the appeal

Legislation cited

Indian Penal Code, 1860 — s. 363, 376(2)(j), 376(2)(n)
Protection of Children from Sexual Offences Act, 2012 — s. 12, 4, 8

Subjects

sexual offences
child protection
bail
stay of sentence
appeal
IPC
POCSO
interim relief

Judgment

922-IA-2701-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 2701 OF 2025
IN
CRIMINAL APPEAL NO. 755 OF 2025
Sandip Vishnu Hajgulkar ...Applicant
Versus
The State of Maharashtra And Anr. ...Respondents
----
Mr. H. S. Kazi (through VC) a/w Prasad Nagargoje a/w Abhay Jadhavar,
Advocate for the Applicant.
Mr. R. S. Alange, Advocate for the Respondent No. 2.
Mrs. S. N. Deshmukh, APP for the Respondent – State.
-------
CORAM : ASHWIN D. BHOBE, J.
DATE : 2nd September, 2026.
P.C. :

1. Heard Mr. H. S. Kazi, learned Advocate for the Applicant, Mr. R.

S. Alange, learned Advocate for the Respondent No. 2 and Mrs. S. N.

Deshmukh, learned APP for the Respondent – State.

2. By the present Interim Application, the Applicant has sought the

following substantive relief in terms of prayer clauses (a) and (b) :-

(a) Pending hearing and final disposal of the above
said Appeal this Hon'ble Court may be pleased to
suspend the sentence of imprisonment passed by the
Ld. Addl.Sessions Judge, Gadhinglaj vide Judgement
and Order dated 06.05.2025 in Special Case No. 20 of
2020 and release the Applicant on bail on such terms
and conditions as this Hon'ble Court may deems fit
Arjun 1
922-IA-2701-2025.doc

and proper in the interest of justice and in the facts
and circumstances of this case;

(b) Suspend the sentence and release the Applicant
on bail during the pendency of the appeal;

3. By the Judgment and order dated 06.05.2025 passed by the Trial

Court in Special Case No. 20 of 2022 , the Applicant is convicted of

offences punishable under Section 376(2)(n) of the Indian Penal Code,

1860 and Sections 4, 8 and 12 of the Protection of Children from Sexual

Offences Act, 2012. The Applicant is acquitted of offences punishable

under Sections 363 and 376(2)(j) of the Indian Penal Code, 1860.

4. Mr. H. S. Kazi, learned Advocate for the Applicant, submits that

the Applicant (aged 24 years at the time of the offence) and the Victim

– Respondent No. 2 (aged 16 years and 5 months on the date of the

offence) were in a romantic relationship. He submits that the criminal

complaint was filed only because of objections raised by the family

members of Respondent No. 2 – the Victim. He refers to the

observations and findings of the Trial Court in paragraph No. 7,

wherein the Trial Court noted from the deposition of Respondent No. 2

– the Victim that she and the Applicant were in a love relationship and

even stayed together in a rented room for a period of 6 months.

Arjun 2
922-IA-2701-2025.doc

5. Prima facie, a perusal of the impugned Judgment and order dated

06.05.2025, in the context of the grounds raised by the Applicant in the

memo of the Appeal, indicates that the Applicant has a fair chance of

succeeding on merits.

6. Mr. H. S. Kazi, learned Advocate for the Applicant, states that

during the pendency of Special Case No. 20 of 2022, the Applicant was

on bail, has abided by the bail conditions and there are no allegations

against the Applicant of having violated any of the bail conditions.

7. The accompanying Criminal Appeal No. 755 of 2025 is admitted

on 23.07.2025.

8. In view of the above, the Applicant has made out a case for

indulgence in this Application. This Application is allowed on the

following conditions:

(a) The substantive sentence imposed on the

Applicant vide the impugned Judgment and order

dated 06.05.2025 passed in Special Case No. 20 of

2022 shall stand stayed, pending the disposal of

Criminal Appeal No. 755 of 2025.

Arjun 3
922-IA-2701-2025.doc

(b) The Applicant is directed to be released on bail

in connection with the offence which is subject matter

of Special Case No. 20 of 2022, upon furnishing a P.R.

Bond in the sum of Rs. 50,000/- (Rupees Fifty

Thousand Only) with one or two sureties, in the like

amount, to the satisfaction of the Additional Sessions

Judge, Gadhinglaj.

whenever Criminal Appeal No. 755 of 2025 is listed on

the Cause List of this Court.

(d) The Applicant shall deposit the fine amount of

Rs. 22,500/- (Rupees Twenty Two Thousand and Five

Hundred Only) imposed by the Judgment and Order

dated 06.05.2025, before the Additional Sessions

Judge, Gadhinglaj, within a period of four (4) weeks

from today.

9. Interim Application No. 2701 of 2025 is disposed of.

(ASHWIN D. BHOBE, J.)

Digitally
signed by
ARJUN Arjun 4
ARJUN KRISHNA
KRISHNA RODGE
RODGE Date:
2026.09.04
14:58:17
+0530

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