Mangalnath S/O. Gorakh Jadhav vs The State Of Maharashtra
2023 Latest Caselaw 2931 Bom

                                                            Cri.Appln.No.4263/2022
                                        :: 1 ::


            IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                               BENCH AT AURANGABAD



               CRIMINAL APPLICATION NO.4263 OF 2022 IN
                   CRIMINAL APPEAL NO.195 OF 2020


 Mangalnath s/o Gorakh Jadhav                          ... APPLICANT

          VERSUS

 The State of Maharashtra                              ... RESPONDENT

                                .......
 Mr. Y.G. Birajdar, Advocate holding for
 Mr. M.P. Gandle & S.M. Mundik, Advocates for applicant
 Mr. A.S. Shinde, A.P.P. for respondent
                                 .......

                                 CORAM :          R.G. AVACHAT, J.

                                 DATE      :      24th MARCH, 2023
 PER COURT :



                  Heard.       The applicant has been convicted for the

offence punishable under Section 4 of the Protection of Children

from Sexual Offences Act and Section 363 of the of the Indian

Penal Code. The maximum term of sentence he is supposed to

undergo is seven years. He has been in jail for little over three

years and 3 months.

2. The victim was little over 15 years of age. True, the

applicant was married. The record indicates that it was a

Cri.Appln.No.4263/2022 :: 2 ::

consensual relationship. The victim was medically screened.

She gave history of no sexual violence. The appeal is not likely

to come up for hearing in its turn in near future. In view of the

same, pending the appeal, the execution of the substantive

sentences of imprisonment imposed upon the applicant by

learned Special Judge, Beed in Special (POCSO) Case

No.21/2018 by judgment and order dated 3/1/2020 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.

(R.G. AVACHAT, J.)

fmp/-