Akshay Rangrao Patil vs The State Of Maharashtra And Anr
2021 Latest Caselaw 10320 Bom

                                                                      7-Ia-248-2020-In-Apeal-80-2020.doc




                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CRIMINAL APPELLATE JURISDICTION

                                       INTERIM APPLICATION NO. 248 OF 2020
                                                       IN
                                          CRIMINAL APPEAL NO.80 OF 2020

                        Akshay Rangrao Patil                               ... Applicant
                                                                             /Appellant
                              Versus

                        The State of Maharashtra & Anr.                    ... Respondent

                                                       .....
                        Mr. Manoj Mohite Sr. Advocate a/w Mr. Harshad Bhadbhade i/b Ms.
                        Swati Khot, Advocate for the Applicant/Appellant in I.A.
                        Mr. S. R. Agarkar, APP for the Respondent No.1 - State.
                        Mr. Amit Gharate, Advocate for Complainant/Respondent No.2.
                                                       .....

                                                CORAM          :   PRAKASH D. NAIK, J.
                                                DATE           :   4th AUGUST, 2021.

                        PER COURT:

                        1.          This is an application for suspension of sentence and

                        grant of bail during the pendency of Criminal Appeal No.80 of

                        2020, preferred by the applicant challenging Judgment and order

                        dated 30th December, 2019 passed by the learned Special Judge

                        Raigad-Alibag, convicting the applicant for offences under Section

                        376(2)(f) of Indian Penal Code (for short "IPC") and Sections 3, 4
           Digitally

                        & 6 of Protection of Children from Sexual Offences Act, 2012 (for
           signed by
           SAJAKALI
SAJAKALI   LIYAKAT
LIYAKAT    JAMADAR
JAMADAR    Date:
           2021.08.05
           11:23:12
                        short 'POCSO Act'). The maximum sentence of imprisonment
           +0530




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                                                 7-Ia-248-2020-In-Apeal-80-2020.doc




imposed against the applicant is for a period of 10 years.


2.             Learned counsel for the applicant submitted that the

applicant was aged around 23 years at the time of incident.

Whereas, the victim girl was aged around 15 years & 7 months.

The evidence on record would indicate that the relationship was

consensual. The victim has referred to the incident of physical

relationship which had occurred on three occasions. The victim did

not disclose the incidents to any other person. The victim had

admitted that she was intending to marry with accused. The

applicant was on bail during trial. He is in custody for a period of

about 3 years and 3 months.


3.             Learned APP submitted that the victim was minor.

Consent is immaterial.


4.             Learned counsel for the complainant/victim submitted

that the applicant/accused has been sentenced to imprisonment for

10 years. The learned Sessions Judge had granted bail to the

applicant during the trial, after his application was rejected by this

Court. The victim was minor. Her consent is immaterial. The

applicant was granted temporary bail and during the said period he

was found in the vicinity of victim. N.C. complaint was lodged

against him.


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5.           In rejoinder learned counsel for the applicant submits

that it is not the case that applicant had approached the victim. To

take care of apprehension of victim/complainant, the applicant is

willing to stay out of jurisdiction of Khandeshwar Police Station.


6.           I   have   perused    the     notes    of     evidence.          The

applicant/accused was residing at the same building on the second

floor. The incident had occurred in the house of applicant. The

evidence of victim girl would indicate that on three occasion there

was incident of physical relationship. She was intending to marry

with the applicant/accused. She was in physical relationship with

accused from January 2015 to June 2015. She did not disclose

these incidents to anybody. She was under fear. The evidence

discloses that there were incidents of physical relationship. The

applicant was on bail during trial. He has undergone custody for a

period of about 3 years. Considering these aspects, on certain terms

and conditions sentence of imprisonment can be suspended.


7.           Hence, I pass the following order:


                               ORDER

(i) Interim Application No. 248 of 2020 is allowed;

(ii) During pendency of Criminal Appeal No.80 of 2020 preferred by applicant, sentence of imprisonment awarded

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vide Judgment and order dated 30 th December, 2019 passed by learned Special Judge, Raigad-Alibaug in Special POCSO Case No. 56 of 2015 is suspended and the applicant is directed to be released on bail on executing P.R. Bond in the sum of Rs.25,000/- with one or more sureties in the like amount;

(iii) The applicant shall stay out of jurisdiction of Khandeshwar Police Station till further order.

(iv) The applicant shall attend the trial Court once in six months.

(v) Interim Application stands disposed of accordingly.

                                            (PRAKASH D. NAIK, J.)




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