Subodh Gangadhar Mawde vs The State Of Maharashtra And ...
2023 Latest Caselaw 4656 Bom

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     IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                  BENCH AT AURANGABAD

           977 CRIMINAL APPLICATION NO.1602 OF 2023
                      IN APEAL/100/2023


Subodh s/o Gangadhar Mawde                            ...Applicant

                   VERSUS

1. The State of Maharashtra

2. XYZ                                                ...Respondents

                                ...
     Advocate for Applicant : Mr.Gangakhedkar Shailendra S.
           APP for Respondent State : Mr.N.T.Bhagat
      Advocate for Respondent No. 2 : Ms.Jayashree Nawale
                            (appointed)
                                ...

                                     CORAM : R. G. AVACHAT, J.
                                     DATE : 03.05.2023.

PER COURT :


1.              Heard.


2.              This is an application for suspension of execution of

substantive sentence.


3.              The      applicant   is   convicted     for     the      offences

punishable under Section 376(3) of the Indian Penal Code and

Section 3 punishable Section 4, under Section 5(n) punishable




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under Section 6 and Section 7 punishable under Section 8 of

the Protection of Children from Sexual Offences Act. The

applicant has to undergo sentence of 20 years of imprisonment.

          The sentences have been directed to run concurrently.



4.              The learned APP for the Respondent State and the

learned Advocate for the victim have strong reservations for

granting the relief to the applicant.      According to them, the

victim was just 12 years of age at the relevant time. It is not the

case of emotional involvement. They, therefore, urged for

rejection of the application.


5.              At the relevant time, the applicant was 20 years of

age. He is behind the bars for two years and three months. The

medical examination report neither supports the prosecution

case nor defence. Since the Medical Officer reserved his opinion

pending C.A. report, the C.A. report does not support the

prosecution case. As such, the Court has to rely only on the

testimony of the victim. If the appeal is dismissed on merits,

the applicant will have to go back to the jail. Considering the

age of the applicant, there being no supportive medical evidence

and the fact that the appeal is not likely to be heard in near




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future, the Court is inclined to allow the application. In view of

these facts, the following order :-

                                  ORDER

(a)    The application is allowed.
(b)    Pending the appeal, the execution of substantive sentences of

imprisonment imposed upon the applicant by the learned Extra District Judge-1 and A.S.J. Special (POCSO) Court, Nanded in Special (POCSO) Case No. 42 of 2020, by the judgment and order dated 11.01.2023 to stand suspended and the applicant is released on bail on executing P.R. bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand) with one surety in the like amount on following conditions :

(i) The applicant shall not enter the village Nimgaon, Tq.Nanded for next three months.

(ii) The fees of the learned Advocate appointed to represent respondent No. 2 is quantified Rs. 8,000/- (Rs. Eight Thousand).

( R. G. AVACHAT ) JUDGE

mahajansb/