Aniket Anil Wajekar vs The State Of Maharashtra And Anr
2022 Latest Caselaw 4309 Bom

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                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                              CRIMINAL APPELLATE JURISDICTION

                                             INTERIM APPLICATION NO.1106 OF 2022
                                                             IN
                                               CRIMINAL APPEAL NO.340 OF 2022

                               Aniket Anil Wajekar                                     Applicant
                                     versus
                               The State of Maharashtra and another                    Respondents

                               Mr.Nitin Sejpal with Ms.Akshata Desai, Advocate for applicant.
                               Mr.Krunal Thakkar, Advocate for respondent no.2.
                               Mr.S.V.Gavand, APP, for State.
                               PSI Omprakash B. Kawale, Alibag Police Station, present.
                               Shruti Rajaram Bansode, victim, present.
                               Yashodhara Shankar Jadhav, mother of victim, present.

                                                        CORAM :      PRAKASH D. NAIK, J.

                                                        DATE    :    25th April 2022
                               PC :

                               1.     This is an application for suspension of sentence and grant of
                               bail during pendency of Criminal Appeal No.340 of 2022.


                               2.     The applicant has been convicted for the offence under Section
                               376(2)(j)(n) of Indian Penal Code and under Section 3 punishable
                               u/s.4, Section 5(i) punishable u/s.6, Section 7 punishable u/s.8 and
                               Section 11(i) punishable under Section 12 of Protection of Children
                               from Sexual Offences Act, 2012 and under Sections 3(1)(w)(i)(ii),
                               3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of
                               Atrocities) Act.    The applicant has been sentenced to suffer
                               imprisonment for ten years and fine of Rs.25,000/-.

         Digitally signed by
MANISH   MANISH SURESH
SURESH
THATTE
         THATTE
         Date: 2022.04.27
         14:23:14 +0530
                               3.     The case of prosecution is that the victim was around 17 years
                               of age at the time of lodging the FIR. The accused got acquainted
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with the victim on Instagram. Both of them became friends. They
met each other and subsequently went to Alibag. The accused told
the victim girl that he is in love with her. He will perform marriage
with her. There was physical relationship between them. Thereafter
they stayed at Panvel and under the pretext of marriage accused had
sexual intercourse with her.       Even thereafter their relationship
continued.   Since marriage could not be performed, the FIR was
registered. The victim had attained majority and she is aged around
19 years.


4.    Learned advocate for applicant submitted that relationship
between accused and victim was consensual in nature. On account
of some difficulties the marriage could not be performed.              The
accused and victim have decided to perform marriage. The parents
of applicant are supporting them. The applicant was on bail during
trial. He has not misused the facility. The applicant has tendered
affidavit affirmed from jail. The applicant's mother and father have
tendered affidavits in support of this application.


5.    The advocate for respondent no.2 submitted that relationship
was of consensual nature. The victim is aged around 19 years now.
She is willing to perform marriage with appellant. The appellant and
victim have decided to perform marriage. The victim and her mother
are present in Court. The victim and her mother have filed affidavits
and they have confirmed the contents thereof.


6.    The victim-complainant has no objection for suspending
sentence and granting bail to the applicant. All the affidavits are
taken on record.
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7.      Considering the fact that victim and accused-applicant were in
relationship, which apparently appear to be of consensual nature and
the fact that applicant was on bail during trial, sentence of
imprisonment can be suspended.
                                ORDER

(i) Interim Application is allowed and disposed of;

(ii) During pendency of Criminal Appeal No.340 of 2022, the sentence of imprisonment imposed vide judgment and order dated 28th February 2022 passed by Extra Joint District and Additional Sessions Judge, Raigad-Alibag in Special (POCSO) Case No.50 of 2021 is suspended and applicant is directed to be released on bail on executing PR bond in the sum of Rs.20,000/- with one or more sureties in the like amount;

(iii) The applicant is permitted to furnish cash bail in the sum of Rs.20,000/- for a period of ten weeks in lieu of sureties;

(iv) The applicant shall attend Trial Court once in six months on First Saturday of the month till disposal of the Criminal Appeal;

(v) In the event there are two consecutive defaults in attending the Trial Court, the Trial Court shall submit report to this Court;

(vi) In the event of default committed by the applicant in attending the Trial Court, the prosecution will be at liberty to prefer application for cancellation of bail.

(PRAKASH D. NAIK, J.) MST