Lakhan Mansab Kadam vs The State Of Maharashtra And ...
2023 Latest Caselaw 3345 Bom

                                                            Cri.Appln. No.1024/2023
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            IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                               BENCH AT AURANGABAD


               CRIMINAL APPLICATION NO.1024 OF 2023 IN
                   CRIMINAL APPEAL NO.381 OF 2022


 Lakhan s/o Mansab Kadam                               ... APPLICANT

          VERSUS

 The State of Maharashtra & anr.                       ... RESPONDENTS

                                .......
 Mr. S.G. Bobde, Advocate for applicant
 Mr. K.N. Lokhande, A.P.P. for respondent No.1.
 Mr. D.A. Bide, Advocate for respondent No.2.
                                .......

                                 CORAM :          R.G. AVACHAT, J.

                                 DATE      :      3rd APRIL, 2023
 PER COURT :


                  Heard.       The learned counsel Mr. Bide representing

 the respondent No.2 victim submits that, the earlier application

 moved by the applicant has been rejected in the recent past i.e.

 in November 2022. According to him, the consent of the victim

 was immaterial when she was below 18 years of age.                                   He

 informs that, the Court then was not inclined to grant the

 applicant relief.


 2.               At the material time the applicant was 20 years of

 age.      The victim was little over 17 years of age.                       It was a




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                                                                Cri.Appln. No.1024/2023
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 consensual relationship.                Both of them had eloped and they

 stayed together for two months at Waluj.


 3.               The family members of the victim had lodged

 missing       person's         report   and     during     enquiry       thereof,      the

 applicant and the victim were found residing at Waluj. It is only

 on the intervention of the relations of the victim the couple was

 separated. Both of them were, therefore, brought to the police

 station. After both of them were brought to the police station,

 the victim refused to get medically screened.                                 Six days

 thereafter,        the        statement    of    the     victim      was      recorded.

 Thereafter she underwent medical examination.


 4.               Learned counsel for the victim also submits that the

 applicant's brother had tried to influence the parents of the

 victim.       If granted bail, the applicant may again trouble the

 victim.


 5.               Since it was a consensual relationship and the victim

 was of the age of understanding i.e. little over 17 years of age,

 and the fact that the applicant is in jail over little over 15

 months, and it is also informed that the applicant was in jail

 pending the enquiry, investigation and trial for some days and

 then was granted bail, as such, the applicant is behind the bars

 for little over one and a half year. The appeal being of the year




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                                                            Cri.Appln. No.1024/2023
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 2022, is not likely to come up for hearing in near future in view

 of some other old appeals to have their turn first. Therefore, the

 Court is inclined to allow the application.             Hence the order :


                                    ORDER

 (i)      The application is allowed.


 (ii)     Pending        the   appeal,     the     execution      of    substantive

sentences of imprisonment imposed upon the applicant by

learned Special Judge (POCSO), Aurangabad by judgment and

order dated 22/4/2022 in Special Case (POCSO) No.220/2022

to stand suspended and the applicant be released on bail on his

executing P.R. bond in the sum of Rs.15,000/- (Rupees fifteen

thousand) with one surety in the like amount.

(iii) The applicant shall not try to contact the victim anyway. If

such incident is brought to the notice of this Court, the bail

granted to him is liable to be cancelled.

(R.G. AVACHAT, J.)

fmp/-