[Cites 3, Cited by 0]
Bombay High Court
Sukhdeo Siddharam Bansode vs State Of Maharashtra And Anr on 20 January, 2026
2026:BHC-AS:2748 68-APEAL-404-2024.DOC
Shivgan
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.1604 OF 2024
IN
CRIMINAL APPEAL NO. 404 OF 2024
Sukhdeo Siddharam Bansode ...Applicant/
Appellant
Versus
The State of Maharashtra & Anr. ...Respondents
Mr. Ravishankar S. Thombare, for the Applicant/Appellant.
Mr. H.J.Dedhia, APP for the Respondent-State.
Ms. Aishwarya Sharma, for the Respondent No.2.
CORAM: R. M. JOSHI, J.
DATED: 20th JANUARY, 2026.
PC:-
1. This is an application for suspension of sentence and
enlargement of the Applicant/Convict on bail in connection with
the Judgment and Order dated 2nd March 2024 passed in Special
(POCSO) Case No.150 of 2020 whereby the Applicant came to be
convicted for the offences punishable under Sections 376(3) and
Section 3 read with 4(2) of the Protection of Children From Sexual
Offences Act, 2012 ('POCSO Act') and sentenced to suffer rigorous
imprisonment for 20 years with fine of Rs.50,000/- with default
sentence.
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68-APEAL-404-2024.DOC
2. Learned counsel for the Applicant submits that the evidence
led by the Prosecution before the Trial Court is not sufficient to
prove the guilt of the Accused. He drew attention of the Court to
the fact that Victim in her evidence admitted that after 19 th June
2019, the Accused left the area and thereafter she did not see him
till recording of the evidence. It is his submission that similar is the
statement of the mother of the Victim in her testimony before the
Court. In this backdrop, it is his submission that refusal of the
Victim to undergo medical examination for a period of 3 months
after lodging of the report becomes relevant. It is his submission
that the Applicant has fair chance of success in the Appeal and that
there is no criminal history behind him.
3. Learned APP and learned counsel for the Respondent
No.2/Victim opposed Application. It is their contention that
evidence of the Victim before the Trial Court coupled with her
statement under Section 164 of the Code of Criminal Procedure
(Cr.P.C.) and history given to the Medical Officer is sufficient to
convict the Accused.
4. In order to seek the suspension of sentence and enlargement
on bail, the Applicant/Convict will have to show fair chance of
success in the Appeal. Prima facie, perusal of the evidence on
record indicates that an incident occurred on 19 th June 2019 when
the Informant, i.e., the mother of the Victim found one chit in the
school bag of Victim. The said chit was said to have been written
by the Applicant. It is thereafter an incident is said to have
occurred on 22nd June 2019 wherein the Applicant is said to have
committed sexual intercourse with the Victim.
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68-APEAL-404-2024.DOC
5. The evidence on record, more particularly, admission of the
Victim that after the incident of finding of the chit, i.e., 19 th June
2019, she had never seen the Applicant till recording of her
evidence before the Trial Court. Similar is the statement of
Informant, i.e., the mother of the Victim, who also states about the
Applicant being not seen after the incident of 19th June. In this
backdrop, refusal on part of the Victim to undergo medical
examination for a period of 3 months, assumes importance. Merely
because the Victim gives history to the Medical Officer and makes
statement before the Judicial Magistrate First Class under Section
164 of the Cr.P.C., the material admissions of the Victim as well as
the Informant, cannot be ignored. This Court therefore, finds that
the Applicant would have reasonable chance of success in the
Appeal. The Applicant has no criminal history. He is not likely to
flee from justice.
6. In view of the above, the following order is passed:
ORDER
(i) Interim Application stands allowed.
(ii) The substantive sentence imposed against the
Applicant by the Judgment and Order dated 2nd March
2024 passed in Special (POCSO) Case No.150 of 2020
stands suspended till the decision of the Appeal.
(iii) The Applicant be enlarged on bail on furnishing
P.R. bond in a sum of Rs.15,000/- (Fifteen thousand
rupees) with one surety in the like amount.
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68-APEAL-404-2024.DOC
(iv) The Applicant not to contact Victim or her
family members in any manner whatsoever.
7. In view of the above, Interim Application No.1604 of 2024
stands disposed of.
8. Aforesaid observations are prima facie in nature and parties
won't be bound by the same at the time of hearing of the Appeal.
(R. M. JOSHI, J.)
{
Digitally
signed by
SHAMBHAVI
SHAMBHAVI NILESH
NILESH SHIVGAN
SHIVGAN Date:
2026.01.20
20:25:57
+0530
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20 January, 2026.
