[Cites 2, Cited by 0]
Bombay High Court
Manohar Marotrao Kolhe vs The State Of Maharashtra Through The Pso ... on 17 December, 2025
2025:BHC-NAG:14396
5.appa.931.25 1/4
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
Criminal Application [APPA] No.931 of 2025
in
Criminal Appeal No.552 of 2025
Manohar Marotrao Kolhe
vs.
The State of Maharashtra, through Police Station Officer, Saoner Police Station,
District Nagpur and another
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Office notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's Orders
or directions and Registrar's orders.
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Mr. V.R. Borkar, Advocate for the Applicant/Appellant.
Mrs. H.N. Prabhu, A.P.P. for Non-applicant No.1/State.
Ms. Radha Mishra, Advocate for Non-Applicant No.2.
CORAM : NIVEDITA P. MEHTA, J.
DATE : 17th DECEMBER, 2025.
Heard
2. The applicant has preferred the present appeal challenging
the judgment and order dated 22/05/2025 passed by the learned
Additional Sessions Judge (Special Judge, POCSO Court), Nagpur, in
Special Criminal (Child) Case No.324/2022, whereby the applicant
came to be convicted for the offences punishable under Section 4 of
the Protection of Children from Sexual Offences Act, 2012 and Section
3 of the Maharashtra Prevention and Eradication of Human Sacrifice
and Other Inhuman, Evil and Aghori Practices and Black Magic Act,
2013.
3. The present application is filed by the applicant seeking
suspension of sentence and grant of bail pending the appeal, under
Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
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4. Notice was issued to the non-applicants. Learned Additional
Public Prosecutor Mrs. H.N. Prabhu waives service of notice for non-
applicant No.1/State and learned Counsel Ms. Radha Mishra waives
service for non-applicant No.2.
5. Learned Counsel appearing for the applicant submits that
the applicant was arraigned as accused No.2 in the crime and that
there are no specific allegations against him of having committed any
penetrative sexual assault. It is submitted that the allegations, at the
highest, pertain to his alleged involvement in certain black magic
practices. Learned Counsel further submits that the applicant was on
bail throughout the course of the trial and that he has not misused the
liberty granted to him.
6. Learned Counsel for the applicant invites attention of this
Court to the observations recorded by the trial Court in paragraph 53
of the impugned judgment which read thus:
"53. I then go to the note taken by the Court in para
11 during evidence of the victim. The note reads thus:
"Witness is discharged from Mental Hospital,
Nagpur. She was admitted in the Hospital.
Discharge card is filed on record. Witness is
unable to understand the question sometimes.
Some questions are properly answered by her.
Again, when same question is put to her, she
could not answer it properly."
By keeping of all above factors of behavioral
disorder of the victim in mind, I go to her evidence. Victim
narrated before the police that the accused Yuvraj
performed sex with her. Accused Manohar Kolhe (Baba)
moved and pressed his hand on her back. Even in the
Report, above facts are noted. Investigating Officer Smt.
Sonali Sachin Raskar (PW-13) admitted that the victim has
not narrated in her statement about commission of sexual
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assault by the accused Manohar Kolhe. Victim only
narrated that the accused Manohar moved his hand over
her bank. However, the victim (PW-9) deposed that her
mental condition was not sound. Hence, her Aunt used to
take her to the hospital for treatment."
7. Learned Counsel for the applicant submits that the evidence
on record gives rise to an arguable case on merits and that the
applicant has a reasonable chance of success in the appeal. It is further
submitted that the sentence imposed is of short duration and that the
appeal is not likely to be heard finally in the near future. On these
grounds, suspension of sentence is sought.
8. Per contra, learned Additional Public Prosecutor and
learned Counsel appearing for non-applicant No.2 oppose the
application. They submit that though there are certain variations in the
deposition of the victim, her evidence cannot be discarded solely on
the ground of mental illness. They fairly submit that prior to her
deposition before the Court, there were no allegations against the
present applicant regarding sexual intercourse with the victim and that
such allegation surfaced for the first time in her deposition before the
trial Court. They, however, submit that the DNA report is adverse to
the applicant inasmuch as the blood detected on the nicker of the
victim was found to match with that of the applicant. It is further
submitted that if the sentence is suspended, there is a likelihood of the
applicant indulging in similar activities.
9. Upon consideration of the rival submissions and on perusal
of the impugned judgment and the evidence on record, and having
regard to the nature of the allegations, the role attributed to the
applicant, the observations of the trial Court itself regarding the mental
condition of the victim, coupled with the fact that the applicant was on
bail throughout the trial and has not misused the liberty, as well as the
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fact that the sentence imposed is of short duration and the appeal is
likely to take considerable time for final disposal, this Court is of the
considered view that the applicant has made out a case for suspension
of sentence pending the appeal.
ORDER
i. The application is allowed.
ii. The substantive sentence imposed upon the applicant by
the learned Additional Sessions Judge (Special Judge,
POCSO Court), Nagpur in Special Cri. (Child) Case
No.324/2022 is hereby suspended pending final disposal of
the appeal.
iii. The applicant shall be released on bail on his executing a
P.R. bond in the sum of Rs.25,000/- (Rupees Twenty Five
Thousand only) with one solvent surety in the like amount,
to the satisfaction of the trial Court.
iv. The applicant shall report before the trial Court on the first
day of every calendar month until further orders.
v. The applicant shall furnish his Mobile Number(s) as well as
his residential address.
vi. The application is disposed of
JUDGE
*sandesh
Signed by: Mr. Sandesh Waghmare
Designation: PS To Honourable Judge
Date: 17/12/2025 19:06:48
