Bombay High Court

VIJAY YADAV THAKAREversusSTATE OF MAHARASHTRA AND ANR

Decided: 24 September 2026
Disposal: Disposed Off

Holding

The interim application is allowed, and the sentence is suspended till the final disposal of the appeal.

Summary

The appellant, Vijay Yadav Thakare, was convicted by a Special Judge under Sections 451, 354 and 354-A of the Indian Penal Code and sentenced to two years' rigorous imprisonment with a fine. He filed an interim application seeking continuation of the suspension of his sentence pending the appeal. The High Court, noting the short term of imprisonment and the earlier order of suspension, allowed the interim application and ordered that the sentence remain suspended until the appeal is finally decided. The court also granted bail on the condition of furnishing a personal bond and surety of Rs.15,000 each, and imposed several reporting and non‑contact conditions with the victim and witnesses. The appellant is required to appear periodically at the police station and comply with all directions of the court.

Issues considered

Whether the suspension of the sentence should be continued pending the final disposal of the appeal
Whether bail should be granted with specific conditions in view of the nature of the offences

Legislation cited

Indian Penal Code — s. 354, 354-A, 451

Subjects

suspension of sentence
interim relief
bail conditions
IPC
sexual offences
appeal

Judgment

                                                                       16-APEAL-199-2024.DOC

                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION

                                           APPEAL NO. 199 OF 2024


                      Vijay Yadav Thakare                                   ..Appellant

                              Versus

                      State of Maharashtra and Anr                      …Respondents

                                                   WITH
                                    INTERIM APPLICATION NO 907 OF 2024
                                                    IN
                                           APPEAL NO. 199 OF 2024


                      Mr. Chandrakant Shirsat, for the Appellant/Applicant.

                      Mr. D J Haldankar, APP for Respondent – State.


                                                CORAM :       N. J. JAMADAR, J.
SAINATH
SANJAY
BODKHE
Digitally signed by



                                                DATE    :     24th SEPTEMBER 2026
SAINATH SANJAY
BODKHE
Date: 2026.09.28
11:11:36 +0530




                      P.C.:

                                                IA/907/2024

                      1.      Heard Mr. Shirsat, the learned Counsel for the applicant

                      and Mr. Haldankar, the learned APP for Respondent - State.

                      2.      This Court finds that, by an order dated 19th August,

                      2024, this Court has granted ad-interim relief in the nature of

                      continuation of the order of suspension of sentence passed by

                      the trial Court.




                      SAINATH, PA                       1/3
                                                      16-APEAL-199-2024.DOC

3.      By the impugned judgment and order dated 18 th January,

2024 passed by the learned Special Judge, the applicant has

been convicted for the offences punishable under Sections 451,

354 and 354-A of the Indian Penal Code, 1860, (“IPC”) and for

the offences punishable under Sections 354 and 354-A of IPC,

the      applicant    has   been    sentenced    to    suffer    rigorous

imprisonment for two years and pay fine of Rs.1,000/- on each

count, with default stipulation.

4.      As the applicant has been sentenced to suffer a short

sentence of two years and the order of suspension of sentence

passed by the learned Special Judge, has been continued by

this Court by successive orders, it would be expedient to

suspend the sentence till the final disposal of the appeal.

5.      Hence, the following order :-

                               ::ORDER::

        (i)     The Interim Application stands allowed.

         (ii)   The   substantive   sentence    imposed     by   the

         learned Special Judge (POCSO), Nashik in Special

         Case (POCSO) No. 161/2021, arising out of CR No. I-

         59/2021 registered with Vani Police Station, Tq.

         Dindori, Dist. Nashik, stands suspended till the final

         disposal of the appeal.


SAINATH, PA                           2/3
                                                      16-APEAL-199-2024.DOC

         (iii) The Applicant – Vijay Yadav Thakare, be enlarged

         on bail on furnishing a PR Bond in the sum of

         Rs.15,000/- and a surety in the like amount, to the

         satisfaction of the learned Special Judge.

         (iv)    The Applicant shall mark his presence at Vani

         Police Station, Dist. Nashik on the first Monday of

         November and May every year, till the disposal of the

         appeal.

         (v)     The applicant shall not contact or give threat or

         inducement to the victim and any of the prosecution

         witnesses.

         (vi)    The applicant shall furnish his residential

         address and cell phone number to the Investigating

         Officer and shall keep him informed in case of any

         change therein.

         (vii)   The Applicant shall attend the proceedings in

         this appeal, as and when directed.



                                             [N. J. JAMADAR, J.]




SAINATH, PA                            3/3

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