Bombay High Court
Mahadeo Mallesha Birajdar And Ors vs State Of Maharashtra And Anr on 28 November, 2022
Bench: S. V. Kotwal
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.3945 OF 2022
IN
CRIMINAL APPEAL NO.1151 OF 2022
Mahadeo Mallesha Birajdar and Ors. .... Applicants
versus
State of Maharashtra and Anr. .... Respondents
.......
• Mr. Vikrant V. Phatate, Advocate for Applicant.
• Mr. S. R. Agarkar, APP for the State/Respondent No.1.
CORAM : SARANG V. KOTWAL, J.
DATE : 28th NOVEMBER, 2022
P.C. :
1. The Applicants were tried before Additional Sessions
Judge (Special POCSO Court Solapur) in Sessions Case No.122
of 2017 vide Judgment and Order dated 01.11.2022. The
Applicant No.1 was convicted for commission of offence
punishable under Section 8 of Protection of Children from
Sexual Offence Act (for short 'POCSO') and was sentenced to
suffer rigorous imprisonment for three years besides the
imposition of fine. All the Applicants were convicted for
commission of offence punishable under Sections 363 read with
Shabnoor
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Section 34 of the Indian Penal Code (for short 'IPC') and were
sentenced to suffer rigorous imprisonment for three years
besides imposition of fine. They are acquitted from the offence
punishable under Sections 341, 366A read with Section 34 of
IPC. The Applicant No.1 was acquitted from offence punishable
under Section 354A of IPC and of the offence punishable under
Section 12 of POCSO Act.
2. Learned counsel for the Applicants submitted that they
were on bail during trial. They have not misused that liberty. He
further submitted that even after conviction they were granted
Interim Bail under Section 389 of the Code of Criminal
Procedure. According to him the prosecution case is not proved
beyond reasonable doubt. At the time of incident, the victim
was of 17 years and 11 months old. Her date of birth was
14.02.1999 and the incident had taken place on 03.02.2017.
Her evidence shows that the Applicant No.1 was a relative.
3. According to the prosecution case, the victim's house
was at some distance from her college. The applicant No.1 came
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in a car and offered to drop her to her house. He was
accompanied by the applicant No.3. Based on their offer, the
victim sat in the car. The applicant No.1 was her relative. After
some time, the applicant No.3 got down and the applicant No.2
entered the car. It is alleged that the applicant No.1 assaulted
and threatened the victim. She was taken to Muchandi village
where the car broke down. The villagers got suspicious and
informed the police. In the meantime, the offence was
registered at Vijapurnaka police station vide C.R. No.68/2017.
The officers of that police station went to Jat police station. The
applicant Nos.1 & 2 were arrested. The applicant No.3 was
arrested subsequently.
4. Learned counsel for the applicants submitted that no-
body from Muchandi village was examined. Even the police
officers from Jat police station were not examined.
5. Considering these submissions, learned counsel for the
applicants has made out a case for interim protection till the
respondent No.2 is served.
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6. Hence, the following order :
ORDER
(i) Issue notice to the Respondent No.2, returnable
on 10.01.2023.
(ii) In addition, the Investigating Officer shall inform
the Respondent No.2 about pendency of this
Application, the Appeal and the next date of
listing. He shall make a statement to that effect
on the next occasion.
(ii) Till the next date, the Applicants are directed to
be released on bail on their furnishing P.R. bond
in the sum of Rs.30,000/- (Rupees Thirty
Thousand only) each, with one or two sureties
each in the like amount.
(iv) This order shall operate till 10.01.2023.
(v) Stand over to 10.01.2023.
(SARANG V. KOTWAL, J.)
