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Bombay High Court

SURENDRAKUMAR TRIYOGINARAYAN TIWARIversusSTATE OF MAHARASHTRA AND ANR.

Decided
Disposal
Dismissed

Holding

Bail was denied; the applications for interim bail were rejected.

Summary

The applicant, convicted of rape, criminal intimidation and multiple offences under the Protection of Children from Sexual Offences Act, was sentenced to life imprisonment and a fine. He sought bail pending the final disposal of his criminal appeal, claiming the victim's testimony was untruthful and that the case arose from a domestic dispute. The State opposed the bail, highlighting the victim's detailed deposition and corroborating medical evidence of old penetrative sexual assault. The court examined the victim's testimony, the medical officer's report, and found no evidence supporting the applicant's defence. Given the seriousness of the offences and the corroborated evidence, the court denied bail and ordered the appeal to be expedited.

Issues considered

  • Whether bail can be granted during the pendency of an appeal for offences punishable under IPC s.376(n), s.506(2) and POCSO Act s.4,6,8,12.
  • Whether the victim's testimony and medical evidence negate the applicant's claim of false implication.

Legislation cited

Subjects

  • bail
  • criminal appeal
  • rape
  • child sexual abuse
  • POCSO
  • IPC
  • life imprisonment
  • medical evidence
  • victim testimony

Judgment

                                                           1/4        28-IA-1103-26-IN-APEAL-84-2024++.odt

                                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                  CRIMINAL APPELLATE JURISDICTION

                                                INTERIM APPLICATION NO.1103 OF 2026
                                                                IN
                                                   CRIMINAL APPEAL NO.84 OF 2024
                                                               WITH
                                                INTERIM APPLICATION NO.1451 OF 2025
                                                                IN
                                                   CRIMINAL APPEAL NO.84 OF 2024

                                  Surendrakumar Triyoginarayan Tiwari              .... Applicant
                                                versus
                                  The State of Maharashtra & Anr.                  .... Respondents
                                                               …....

                                  •     Ms. Sagayamary M., Advocate for Applicant.
                                  •     Ms. Supriya Kak, APP for the State/Respondent.
                                  •     Ms. Rekha Musale, Appointed Advocate for Respondent No.2.

                                                    CORAM        : SARANG V. KOTWAL &
                                                                   RANJITSINHA RAJA BHONSALE, JJ.
                                                    DATE         : 01st SEPTEMBER, 2026

                                  P.C. :


                                  1.            These are the applications for bail pending final

                                       disposal of the Appeal No.84 of 2024 preferred by the Applicant.

                                       The Applicant was convicted and sentenced by the learned

MANUSHREE
                                       Additional Sessions Judge-2, Vasai, vide his Judgment and Order
NESARIKAR

Digitally signed by
MANUSHREE
NESARIKAR
                                       dated 15/02/2022 passed in Special Case No.85/2016.
Date: 2026.09.02
10:52:02 +0530




                      Nesarikar
                         2/4          28-IA-1103-26-IN-APEAL-84-2024++.odt

2.            The Applicant was convicted for commission of the

     offence punishable u/s 376(n), 506(2) of the Indian Penal Code

     and u/s 4, 6, 8 and 12 of the Protection of Children from Sexual

     Offences Act. He was sentenced to suffer imprisonment for life

     and to pay a fine of Rs.10,000/- as the major punishment.



3.            Heard Ms. Sagayamary M., learned Counsel for the

     Applicant, Ms. Rekha Musale, learned counsel for the Respondent

     No.2 and Ms. Supriya Kak, learned APP for the State.



4.            Learned counsel for the Applicant submitted that he is

     in custody since 2016. The victim has not given truthful

     evidence during the trial. The case was a result of fight between

     the victim's mother and the Applicant who were in live-in-

     relationship. The Applicant is falsely implicated.



5.            Learned APP and learned counsel for the original

     victim opposed these applications. They invited our attention to

     the deposition of the victim and that of the Medical Officer. They

     submitted that the victim's deposition was corroborated by the

     Doctor’s evidence. They submitted that the offence is serious and
                         3/4          28-IA-1103-26-IN-APEAL-84-2024++.odt

     hence the Applicant cannot be released on bail during pendency

     of his Appeal.


6.            We have considered these submissions, and in

     particular, the evidence of the victim and the Medical Officer.


7.            The defence of the Applicant was that his wife had an

     extra-marital affair with the owner of the vehicle which was

     driven by the Applicant, and therefore, this false case was

     lodged by her. There is no direct or indirect evidence to support

     his defence.


8.            The victim was examined as P.W.2. At the relevant time,

     in the year 2016, she was 8 years of age. She had lost her father.

     But her mother was living with the present Applicant. At that

     time, the victim was studying in 5 th standard. She deposed that

     the Applicant used to lock her in a room and used to perform

     sexual intercourse with her. This was going on since she was

     studying in the 3rd standard. The Applicant used to threaten her.

     On one occasion, he had not returned home for three days, and

     therefore, during that period, she informed her mother about

     what the Applicant was doing.
                         4/4           28-IA-1103-26-IN-APEAL-84-2024++.odt

9.            Her cross-examination has not revealed anything in

     favor of the Applicant. The medical evidence is led in the form

     of evidence of P.W.5, Dr. Waghmare. The medical papers are also

     produced. Her evidence shows that, in her opinion, there was

     evidence of old penetrative vaginal sexual assault. This was also

     noted down in the medical papers produced on record. There

     were multiple tears of the hymen.



10.           Thus, the victim's evidence is supported by the medical

     evidence. The learned Judge considered these aspects and has

     observed that considering the nature of offence, no benefit could

     be granted to the Applicant.



11.           Considering these circumstances, it is quite clear that

     the offence is serious and the Applicant cannot be granted bail

     during pendency of this Appeal.



12.           Hence applications are rejected. Hearing of the Appeal

     is expedited.




(RANJITSINHA RAJA BHONSALE, J.)                (SARANG V. KOTWAL, J.)


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