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Bombay High Court

ABHIMANYU UDDHAV JADHAVversusTHE STATE OF MAHARASHTRA

Disposal
DISPOSED OFF

Holding

The application for suspension of sentence and bail was rejected.

Summary

The applicant, Abhimanyu Uddhav Jadhav, sought suspension of his four‑year sentence and bail after being convicted by the Special and Sessions Judge, Beed, under Sections 333, 74, 75, 79 and 351(2) of the B.N.S. and Sections 7 and 8 of the POCSO Act for sexual offences against an 11‑year‑old girl. He argued that the victim’s testimony was doubtful, he had not fled the police, and the allegations of human trafficking were false, contending there were good grounds for appeal. The State and the victim’s counsel countered that the evidence was cogent, the victim was a minor as proved by a birth certificate, and the applicant had prior similar convictions. The High Court examined the record, found the victim’s age established and the prosecution’s evidence uncontradicted in cross‑examination, and concluded there was no merit to suspend the sentence. Consequently, the application for suspension of sentence and bail was rejected.

Issues considered

  • Whether the applicant is entitled to suspension of sentence pending appeal under the circumstances of the case
  • Whether the evidence against the applicant under the POCSO Act is sufficient to deny bail and suspension of sentence
  • Whether prior criminal antecedents affect the discretion to grant suspension of sentence

Legislation cited

Subjects

  • suspension of sentence
  • bail
  • POCSO
  • child sexual abuse
  • conviction
  • appeal
  • evidentiary standards
  • criminal antecedents

Judgment

2026:BHC-AUG:41353


                                                                  Cri-Apln-1939-2026.odt




                       IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                  BENCH AT AURANGABAD

                           CRIMINAL APPLICATION NO. 1939 OF 2026
                                     IN APEAL/391/2026

                                  ABHIMANYU UDDHAV JADHAV
                                             VERSUS
                                  THE STATE OF MAHARASHTRA
                                                .…
                 Mr. Nilesh S. Ghanekar, Advocate for Applicant
                 Ms Chaitali R. Chaudhari – Kutti, APP for Respondent No.1 – State
                 Ms Monica Bagwe, Advocate (Appointed) for Respondent No.2
                                                .…

                                   CORAM : ABHAY S. WAGHWASE, J.

                           RESERVED ON : 07 September, 2026
                        PRONOUNCED ON : 08 September, 2026

                 O R D E R :-


                 1.         This is an application for suspension of sentence and

                 grant of bail in consequence to the judgment and order of

                 conviction recorded by learned Special and Sessions Judge, Beed,

                 in Special (POCSO) Case No.199 of 2024, dated 30.03.2026,

                 convicting the applicant for the offence under Sections 333, 74,

                 75, 79, 351(2) of B. N. S. and under Sections 7 and 8 of

                 Protection of Children from Sexual Offences (POCSO) Act.



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2.             Learned counsel for applicant submits that, the applicant

is sentenced to suffer four years imprisonment. He has already

undergone one year and eleven months imprisonment i.e. almost two

years. That the complainant’s evidence is doubtful. Moreover, the

conduct of the applicant, i.e. he did not flee even upon the arrival of

the police force, also supports his case. In fact, there is                false

implication of the applicant on the allegation that the applicant was

indulging in human trafficking. There are good grounds to succeed in

the appeal. Therefore, in view of the facts stated above, it is

respectfully submitted that the sentence imposed upon the applicant

be suspended.


3.             The learned APP, as well as the learned counsel for the

victim, opposed the application on the ground that there is cogent

and reliable evidence against the applicant. That, after a full-fledged

trial, the applicant has been convicted. From the evidence of the

victim, it is proved that she was a minor at the relevant time. The

applicant also has criminal antecedents, having indulged in similar

offences. For the aforesaid reasons, they both urge to reject the

application.



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4.           Heard. Perused the papers. It appears that the applicant

was tried for the offences punishable under Sections 333, 74, 75, 79

and 351(2) of the B.N.S., and Sections 7 and 8 of the Protection of

Children from Sexual Offences (POCSO) Act. The victim was stated to

be 11 years and 06 months old. In support thereof, prosecution has

placed on record birth certificate of the victim issued under the

Registration of Births and Deaths Act by the Municipal Council, Beed.

Therefore, the age of the victim is proved.

5.           There are allegations that, when victim’s mother returned

home at around 3:00 p.m., at that time she noticed accused present in

her house wearing only minimal clothing. Victim thereafter reported

to her mother that the accused had entered their house and

threatened her to remove her clothes. Thereafter, he allegedly placed

his fingers on her private part, pressed her chest, and kissed her. On

receiving such information, mother appears to have lodged the

complaint.

6.           Prima facie, nothing damaging appears to have been

brought out in the cross-examination of the victim or the informant.

No substantial point on the merits is found so as to warrant

suspension of the sentence. Accordingly, following order is passed:-

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                             ORDER

(i)    Criminal application is rejected.

(ii)   Fees of learned counsel Ms. Monica Bagwe, appointed for
       respondent No.2, be paid by the High Court Legal Services
       Sub-Comittee, Aurangabad, as per Rules.




                                   [ ABHAY S. WAGHWASE, J. ]

SMS




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