Bombay High Court

LAXMAN VISHNU SARGARversusTHE STATE OF MAHARASHTRA AND ANR.,

Disposal: Allowed

Holding

The court allowed the interim application, confirming the stay of the sentence and granting bail subject to a personal bond and sureties.

Summary

The High Court considered an interim application filed by Laxman Vishnu Sargar, who had been convicted in a Special POCSO case for offences under Sections 354A(1)(ii), 354B read with 506 of the IPC and Sections 3(1)(w)(ii) and 3(2)(va) of the SC/ST (Prevention of Atrocities) Act, with a three‑year sentence. The trial court had stayed the sentence on 4 November 2025, a stay that was continued by the High Court on 22 December 2025. The applicant sought bail and suspension of the sentence pending the disposal of his criminal appeal (Criminal Appeal No. 959 of 2025). The court noted that the applicant had complied with bail conditions, there were no allegations of breach, and the appeal appeared to have a fair chance of success. Consequently, the court confirmed the earlier stay, granted bail on a Rs 50,000 personal bond with sureties, and ordered the applicant to appear when the appeal is listed. The interim application was allowed and disposed of.

Issues considered

Whether bail can be granted to the convicted applicant pending the disposal of the criminal appeal.
Whether the sentence imposed in the POCSO case should be suspended pending the appeal.

Legislation cited

Indian Penal Code, 1860 — s. 354A(1)(ii), 354B, 506
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(1)(w)(ii), 3(2)(va)

Subjects

bail
suspension of sentence
interim relief
criminal appeal
POCSO
SC/ST Act
criminal procedure

Judgment

926-IA-3633-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 3633 OF 2025
IN
CRIMINAL APPEAL NO. 959 OF 2025
Laxman Vishnu Sargar ...Applicant
Versus.
The State of Maharashtra And Anr. ...Respondents
-----
Ms. Poonam Dhotre a/w Kedar Lad, Rutik Kashid i/b Prabhakar Jadhav
(Through VC), Advocate for the Applicant.
Mr. Sachin Bhavar, Advocate for the Respondent No. 2.
Mr. C. D. Mali, APP for the Respondent – State.
-------
CORAM : ASHWIN D. BHOBE, J.
DATE : 2nd September, 2026.
P.C. :

1. Heard, Ms. Poonam Dhotre, learned Advocate for the Applicant,

Mr. C. D. Mali, learned APP for the Respondent – State and Mr. Sachin

Bhavar, learned Advocate for the Respondent No. 2.

2. By this Application, the Applicant has sought the following

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

(a) Pending the hearing and final disposal of
the above Criminal Appeal against the Judgment and
Order dated 04.11.2025 passed by the Learned
Special Judge, Malshiras in Spl. POCSO Case No.84 of
2018, the Applicant be released on bail, on such terms
and conditions as this Honourable Court may deems
fit and proper in the facts and circumstances of the
Arjun 1
926-IA-3633-2025.doc

case;

(b) pending the hearing and final disposal of the
above Criminal Appeal, this Honourable Court be
pleased to suspend the sentence of Judgment and
Order dated 04.11.2025 passed by the Learned
Special Judge, Malshiras in Spl. POCSO Case No.84 of
2018;

3. By Judgment and Order dated 04.11.2025, the Special Judge and

Additional Sessions Judge, Malshiras (“Trial Court”), has convicted the

Applicant in Spl. POCSO Case No. 84 of 2018 of offences punishable

under Sections 354A(1)(ii) and 354B read with Section 506 of the

Indian Penal Code, 1860. The Applicant is further convicted of offences

punishable under Sections 3(1)(w)(ii) and 3(2)(va) of the Scheduled

Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and a

sentence of 3 years is imposed. Sentences are ordered to run

concurrently.

4. Ms. Poonam Dhotre, learned Advocate for the Applicant, states

that during the pendency of Special Case (POCSO) No. 84 of 2018, the

Applicant was on bail and abided by the bail conditions. She submits

that after the conviction and sentence, the Trial Court stayed the

sentence on 04.11.2025. She further submits that the order dated

04.11.2025 was continued by this Court vide order dated 22.12.2025.

Arjun 2
926-IA-3633-2025.doc

5. The Criminal Appeal No. 959 of 2025, filed by the Applicant

against the Judgment and Order dated 04.11.2025 in Spl. POCSO Case

No. 84 of 2018, is admitted today.

6. Mr. C. D. Mali, learned APP and Mr. Sachin Bhavar, learned

Advocate for the Respondent No. 2, submit that the Applicant was on

bail during the trial and the Applicant has been granted an interim

order on 22.12.2025, which continues as on date. They leave the matter

to the Court.

7. A perusal of the impugned Judgment and Order dated

04.11.2025 in Spl. POCSO Case No. 84 of 2018, in the context of the

grounds raised in the Appeal Memo, prima facie indicates that the

Applicant has a fair chance of succeeding on merits.

8. Considering that the sentence imposed is three (3) years, which

was stayed by the Trial Court vide order dated 04.11.2025 till

03.01.2026, that this Court continued the stay vide order dated

22.12.2025 and there being no allegations that the Applicant has

violated any of the bail conditions or failed to appear before the Trial

Court, I deem it fit and proper to continue and confirm the order dated

22.12.2025 passed by this Court and allow this Application on the

Arjun 3
926-IA-3633-2025.doc

following conditions :-

(a) The sentence imposed by the Judgment and

order dated 04.11.2025 in Special Case (POCSO) No.

84 of 2018 is suspended pending the disposal of

Criminal Appeal No. 959 of 2025.

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

connection with the subject matter of Special Case

(POCSO) No. 84 of 2018 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 Special Judge and Additional

Sessions Judge, Malshiras.

and when Criminal Appeal No. 959 of 2025 is listed on

the Cause List of this Court.

9. Interim Application No. 3633 of 2025 is allowed and disposed of.

(ASHWIN D. BHOBE, J.)

Digitally
signed by
ARJUN
ARJUN KRISHNA
KRISHNA RODGE Arjun 4
RODGE Date:
2026.09.04
15:06:03
+0530

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