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Bombay High Court

TASLIM TAJUDDIN SHAIKHversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal
Allowed

Holding

The sentence awarded in the impugned judgment is suspended during the pendency of the appeal, and the applicant is released on bail subject to the stipulated conditions.

Summary

The applicant, Taslim Tajuddin Shaikh, was convicted by the Additional Sessions Judge, Malshiras, in a POCSO Special Case for offences under Section 363 read with Section 34 of the IPC, receiving three years' rigorous imprisonment and a fine of Rs.3,000. While on bail during the trial, the applicant filed an application under Section 389(3) of the Cr.P.C. seeking suspension of the sentence pending appeal, noting that the 60‑day period for filing the appeal would expire on 7 October 2026. The State opposed the relief but did not contest the procedural aspects. The High Court, after reviewing the appeal memorandum, found that the applicant had a reasonable prospect of acquittal and therefore allowed the interim application. The court ordered that the sentence be suspended during the pendency of Criminal Appeal No. 240 of 2026, released the applicant on bail with a Rs.50,000 PR bond, directed payment of the fine within two weeks, and imposed conditions for appearance and address verification.

Issues considered

  • Whether the sentence imposed in the impugned judgment can be suspended pending the filing and hearing of the criminal appeal under Section 389(3) of the Cr.P.C.
  • Whether the applicant is entitled to bail with specified conditions while the appeal is pending.

Legislation cited

Subjects

  • criminal appeal
  • suspension of sentence
  • bail
  • IPC Section 363
  • IPC Section 34
  • CrPC Section 389(3)
  • POCSO Act

Judgment

                                                             907-IA-631-2026 (CR).docx


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CIRCUIT BENCH AT KOLHAPUR

                      CRIMINAL APPELLATE JURISDICTION

                  CRI-INTERIM APPLICATION NO. 631 OF 2026
                                     IN
                         CR. APPEAL NO. 240 OF 2026

Taslim Tajuddin Shaikh                                    …...Applicant
                      Versus.
The State of Maharashtra & Anr.                           …...Respondents


                                           -----
       Mr. Rushabh D. Phade for Applicant.
       Mr. Nitin B. Patil, A.P.P. for the Respondent No.1-State.
                                          -------

                                    Coram :       ASHWIN D. BHOBE, J.

                                    Date      :   6th October 2026.

PER COURT :


1.       Heard, Mr. Rushabh Phade, learned Advocate for the Applicant and

Mr. Nitin Patil, learned A.P.P. for the Respondent No.1-State.


2.       The Applicant is Accused No. 1 in Sessions Special Case (POCSO) No.

08 of 2024.


3.       By the Judgment and Order of conviction dated 7 th August 2026

(“impugned judgment”), the Additional Sessions Judge, Malshiras, District



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Solapur (“Trial Court”), has convicted the Applicant for the offence

punishable under Section 363      read with Section 34 of the IPC and has

sentenced the Applicant to undergo rigorous imprisonment for a period of

three years and to pay a fine of Rs.3,000/-. The Applicant has been acquitted

of the offence punishable under the Protection of Children from Sexual

Offences Act (POCSO Act).


4.    Mr. Rushabh Phade, learned Advocate for the Applicant, states that the

Applicant's conviction in the impugned judgment is under Section 363 read

with Section 34 of the IPC only. He submits that during the pendency of

Special Case (POCSO) No. 08 of 2024, the Applicant was on bail. He submits

that the Applicant regularly attended the trial and there are no allegations

that the Applicant violated the bail conditions. He further submits that upon

the passing of the impugned Judgment, the Applicant filed an application

under Section 389(3) of the Cr.P.C. seeking suspension of the sentence. He

submits that by order dated 7th August 2026, the Trial Court has suspended

the sentence imposed on the Applicant for the period available to the

Applicant to file an Appeal. Mr. Rushabh Phade, learned Advocate for the

Applicant, states that the period for filing the Appeal is 60 days and the same

would expire on 7th October 2026.




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5.    Mr. Nitin Patil, learned A.P.P. for Respondent No. 1-State, submits that

the sentence imposed is for a period of three years, he leaves the matter to

the Court.


6.    After perusing the Appeal Memo in the context of the impugned

judgment and the grounds raised therein, it prima facie appears that the

Applicant has a good chance of acquittal. The sentence imposed on the

Applicant is three years. The Crimainal Appeal No. 240 of 2026 is admitted.


7.    In view of the above, this Interim Application is allowed. Hence, the

following order :


       (a)    The sentence awarded to the Applicant by the Trial Court in the

              impugned Judgment and Order of conviction dated 7 th August

              2026 in Special Case (POCSO) No. 08 of 2024 shall stand

              suspended during the pendency of the Appeal and the Applicant

              shall be released on bail on the following conditions:


       (i)    The Applicants shall be released on bail upon furnishing a PR

              Bond of Rs.50,000/- with one or two sureties in the like amount,

              to the satisfaction of the Additional Sessions Judge, Malshiras.


       (ii)   The fine imposed by the impugned Judgment and Order of

              conviction dated 7th August 2026 shall be deposited, if not




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                                    already deposited, within a period of two (2) weeks from today

                                    before the Trial Court.


                              (iii) The Applicant shall regularly appear before this Court as and

                                    when Criminal Appeal No. 240 of 2026 is listed on the Cause list.


                              (iv) The Applicant shall, within three (3) days from today, provide his

                                    address along with proof and telephone number/s to the

                                    Investigating Officer, Akluj Police Station, District Solapur.


                              (v)   In the event of any default in complying with the conditions or

                                    misuse of the liberty granted to the Applicant, the prosecution

                                    shall be at liberty to seek cancellation of the bail.


                        8.    The Interim Application No. 631 of 2026 is allowed in the above terms.




                                                               [ ASHWIN D. BHOBE, J. ]



           Digitally signed
           by OMKAR
           SHIVAHAR
OMKAR      KUMBHAKARN
SHIVAHAR
KUMBHAKARN Date:
           2026.10.07
           10:54:50
           +0530




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