Bombay High Court
APPA/805/2026 of MOHAMMAD AZAM S/O RASHID KHAN. Vs STATE OF MAHA. AND ANR. on 15 October 2026
550.26 IN THE HIGH COURT OF
1 46 Apeal 550.26
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPEAL NO. 550/2026
(Mohammad Azam S/o Rashid Khan Vs. Vs. State of Maharashtra)
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Mr. A. Kadukar APP for respondent/Non-applicant/State.
CORAM: M. M. NERLIKAR,
J .
DATED : 15/10/2026.
Heard.
2.
Admit.
3.
Call R. and P.
4.
The learned APP waives service of notice for respondent/State.
CRIMINAL APPLICATION (APPP) NO.805/2026
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1. By this application filed under section 430 of Bharatiya Nagarik Suraksha Sanhita (“BNSS”), the applicant is seeking suspension of sentence imposed vide judgment and order dated 12/08/2026 passed by the learned Special Judge, Fast Track Special Court/POCSO Court and District Judge-13 and Additional Sessions Judge, Nagpur arising out of Crime No.282/2023 registered with 2 46 Apeal 550.26 Police Station Mankapur, Dist. Nagpur.
2. The learned counsel for the applicant submits that the applicant was charged with the offences under Sections 376, 376(2)(j)(n), 354-A, 354-D, 386, 294, 506(II) and 509 of the Indian Penal Code (“IPC”) and Sections 4, 6, 8 and 12 of Protection of Children from the Sexual Offences Act (POCSO”). Though the applicant was acquitted for the offences punishable Section 376, 376(2)
(j) (n), 354-A, 354-D, 386 and 294 of the IPC and sections 4, 6, 8 and 12 of POCSO Act, however, he was convicted for the offences punishable under Sections 506(II) and 509 of IPC and sentenced to undergo rigorous imprisonment for 2 years and simple imprisonment for 1 year respectively in the above offences. He was also directed to pay a fine of Rs.5000/- in each offence and in default, he is directed to undergo simple imprisonment for 2 months in each offence. So far as the conviction recorded under Sections 506(II) and 509 of IPC are concerned, the Trial Court has miserably failed to appreciate the evidence properly. The ingredients of those provisions are not made out even after considering the entire evidence. Under such circumstances, he prayed that since the sentence is a short term sentence, 3 46 Apeal 550.26 the same be suspended.
3. The learned APP vehemently opposes the application and submits that the Trial Court after appreciating the evidence on record has acquitted the applicant under few provisions and on the same evidence has recorded conviction under other provisions. Trial Court has properly appreciated the evidence and passed the order of conviction. Under such circumstances, he submits that the appeal itself can be heard on merits and can be decided finally and prayed to reject the application.
4. Upon consideration of the submissions of both the sides, it appears that the applicant has been acquitted for heinous crimes. However, he was convicted for the offences punishable under Sections 506(II) and 509 of IPC. Considering the short term sentence, I am inclined to allow the application. Hence, the following order:- (I) Application is allowed and disposed of. (II) The substantive sentence imposed vide judgment and order dated 12/08/2026 passed by the learned Special Judge, Fast Track Special Court/POCSO Court and District Judge-13 and 4 46 Apeal 550.26 Additional Sessions Judge, Nagpur arising out of Crime No.282/2023 registered with Police Station Mankapur, Dist. Nagpur, is hereby suspended. (III) The applicant Mohammad Azam S/o Rashid Khan be released on bail on the same terms and conditions imposed by the Special Judge, Fast Track Special Court/POCSO Court and District Judge-13, and Additional Sessions Judge, Nagpur vide judgment and order dated 12/08/2026.
( M. M. NERLIKAR
, J.)
Gohane Signed by: Mr. J. B. Gohane Designation: PS To Honourable Judge Date: 15/10/2026 18:15:08