Bombay High Court
Mangesh Maroti Kodape vs The State Maharashtra Thr Pso Ps ... on 6 October, 2025
1 appa-835.25
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, AT NAGPUR.
CRIMINAL APPLICATION (APPA) NO. 835 OF 2025
IN
CRIMINAL APPEAL NO. 492 OF 2025
( Mangesh Maroti Kodape and another ..vs.. State of Maharashtra, through PSO, PS Hinganghat,
District Wardha )
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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Mr. S.N. Singh, Advocate for the appellants,
Mr. S.S. Hulke, Addl.P.P. for the respondent/State.
CORAM : NIVEDITA P. MEHTA, J.
DATE : 06-10-2025
The applicants/appellants have filed the appeal
challenging the judgment and order dated 05-08-2025 passed by
the learned Special Judge (POCSO) (Court No.1), Hinganghat in
Special Case No. 25/2018, convicting them as under :
"The accused 1) Mangesh Maroti Kodape and 2) Rahul
Ajabrao Uike are convicted under section 235(2) of the
Code of Criminal Procedure for offence under section 341
of Indian Penal Code. For the same, each one of them is
sentenced to undergo simple imprisonment for one month
and pay fine of Rs. 500/- (Rs. Five hundred only). In
default of payment of fine accused shall undergo simple
imprisonment for one week.
2] The accused 1) Mangesh Maroti Kodape is convicted
under section 235(2) of the Code of Criminal Procedure
for the offence punishable under section 354-A (1) (i) of
the Indian Penal Code. The accused no.2) Rahul Ajabrao
Uike is convicted under section 235(2) of the Code of
Criminal Procedure for offence under section 354-A (1) (i)
r/w section 109 of the Indian Penal Code.
3] Accused 1) Mangesh Maroti Kodape is convicted under
section 235(2) of Criminal Procedure Code for offence
2 appa-835.25
under section 7 punishable under section 8 of Protection
of Children from Sexual Offences Act, 2012. For the same,
he is sentenced to undergo rigorous imprisonment for five
years and pay fine of Rs.5,000/- (Rs. Five Thousand only).
In default of payment of fine, he shall undergo rigorous
imprisonment for six months.
4] Accused no.2 Rahul Ajabrao Uike is convicted under
section 235 (2) of Cr.Pc. for offence under section 7
punishable under section 8 read with section 16 of
Protection of Children from Sexual Offences Act, 2012.
For the same, he is sentenced to undergo rigorous
imprisonment for five years and pay fine of Rs.5,000/-
(Rs. Five Thousand only). In default of payment of fine,
he shall undergo rigorous imprisonment for six months.
5] Accused no.1 Mangesh Maroti Kodape and 2) Rahul
Ajabrao Uike are convicted under section 235(2) of Cr.Pc.
for the offence punishable under section 354D of Indian
Penal Code.
6] Accused no.1 Mangesh Maroti Kodape and 2) Rahul
Ajabrao Uike are convicted under section 235(2) of Cr.Pc.
for the offence punishable under section 11 (iv)
punishable under section 12 of Protection of Children
from Sexual Offences Act, 2012.
7] For the offence under section 11(iv) punishable under
section 12 of Protection of Children from Sexual Offences
Act, 2012, both accused shall undergo rigorous
imprisonment for three years and shall also pay fine of
Rs.5,000/- each (Rs. Five thousand only). In default of
payment of fine, accused shall undergo rigorous
imprisonment for six months.
8] Accused No.1) Mangesh Maroti Kodape is convicted
under section 235 (2) of Cr.Pc. for the offence punishable
under section 506 of Indian Penal Code.
9] Accused no.1) Mangesh Maroti Kodape shall undergo
rigorous imprisonment for one year and pay fine of
Rs.1000/-(Rs. One thousand only). In default of payment
of fine, accused shall undergo rigorous imprisonment for
3 appa-835.25
eight days.
10] Accused No.1) Mangesh Maroti Kodape is convicted
under section 235 (2) of Cr.Pc. for the offence punishable
under section 323 of Indian Penal Code.
11] For the offence punishable under section 323 of
Indian Penal Code, accused Mangesh Maroti Kodape shall
undergo rigorous imprisonment for six months and pay
fine of Rs.1000/- (Rs. One thousand only). In default of
payment of fine accused shall undergo rigorous
imprisonment for eight days."
2. The applicants have preferred this application under 389
of the Code of Criminal Procedure read with Section 430(1) of
the Bhartiya Nagarik Suraksha Sanhita, 2023 for suspension of
the sentence and bail during pendency of the appeal.
3. The learned Advocate for the applicants submits that the
applicants were on bail during the trial. He also submits that
the appellants have been convicted for five years and looking to
the pendency of the matters, there is no possibility of the appeal
being taken for final hearing in near future.
4. The learned Additional Public Prosecutor has strongly
opposed the application and submits that if the applicants are
released on bail by suspending the sentence during pendency of
the appeal, they will tamper with the prosecution evidence and
witnesses.
5. After considering the submissions of both the parties, the
nature of offence, the short term of punishment, the fact that the
4 appa-835.25
applicants were on bail during the trial where there is no report
of misuse of the bail conditions and the appeal is likely to take
time for final hearing, this Court is of the opinion that it is a fit
case to suspend the sentence during pendency of the appeal.
Accordingly, the sentence imposed on the applicants is
suspended during pendency of the appeal, on the applicants
furnishing a solvent surety of Rs.15,000/- (Rupees Twenty
Thousand) each and P.R. Bond in the like amount. The
applicants shall attend the Trial Court on every Monday of the
first week of each month till decision of the present appeal. The
applicants shall furnish their address proof and mobile numbers
to the trial Court.
6. The application is disposed of accordingly.
Heard.
2. Admit.
3. The learned Additional Public Prosecutor waives service
of notice for the respondent/State.
4. Call for record and proceedings.
5. The matter may be sent for preparation of the paper-
book.
(NIVEDITA P. MEHTA, J.)
adgokar
Signed by: MR. P.M. ADGOKAR
Designation: PS To Honourable Judge
Date: 06/10/2025 18:22:32
