Bombay High Court
SACHIN NAMDEO JADHAVversusTHE STATE OF MAHARASHTRA AND ANOTHER
- Disposal
- APPLICATION ALLOWED
Holding
The Court allowed the application, confirming the earlier suspension of sentence and granting bail subject to conditions.
Summary
The applicant, convicted under Sections 7, 8, 11(4) and 12 of the Protection of Children from Sexual Offences (POCSO) Act and Sections 341 and 506 of the IPC, was sentenced to three years' imprisonment. The High Court had earlier suspended his sentence on 12 October 2023. He filed a criminal application seeking continuation of the suspension and bail pending the hearing of his appeal, arguing lack of antecedents and that the victim is now married. The respondents opposed, contending the conviction was for multiple incidents and the applicant should not receive relief. The Court, after reviewing the record and noting no misuse of liberty, confirmed the earlier suspension, granted interim bail with conditions, and ordered the applicant to appear before the trial judge every six months.
Issues considered
- Whether the suspension of sentence and bail can be continued pending the appeal of a conviction under POCSO and IPC provisions.
- Whether the nature and multiplicity of the offences preclude granting of bail and suspension of sentence.
- What conditions may be imposed on the applicant while bail is granted.
Legislation cited
- Indian Penal Code, 1860 — s. 341, 506
- Protection of Children from Sexual Offences Act — s. 11(4), 12, 7, 8
Subjects
- POCSO
- suspension of sentence
- bail
- appeal
- child sexual offence
- IPC
- conditions of bail
Judgment
2026:BHC-AUG:44133
Cri-Apln-3685-2023.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 3685 OF 2023
IN APEAL/901/2023
SACHIN NAMDEO JADHAV
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
.…
Mr. Sudarshan J. Salunke, Advocate for Applicant
Mr. S. M. Ganachari, APP for Respondent No.1 - State
Mr. Kedar Ashok Pathade, Advocate (Appointed) for Respondent
No.2
.…
CORAM : ABHAY S. WAGHWASE, J.
RESERVED ON : 28 September, 2026
PRONOUNCED ON : 29 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 Judge, POCSO Court,
Court No.2, Ahmednagar, dated 05.09.2023 in Special Case
No.120 of 2022.
2. Learned counsel for applicant submits that the
applicant was tried vide above special case and came to be
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convicted vide above judgment and order for the offence under
Sections 7/8 and 11(4)/12 of the Protection of Children from Sexual
Offences Act and under Sections 341 and 506 of I.P.C. The applicant
has been sentenced to suffer three years imprisonment. It is pointed
out that this Court had already suspended sentence of the applicant
by order dated 12.10.2023 and the said order is still in force. There
are no criminal antecedents and moreover, the applicant has acquired
the job recently. It is pointed out that even the victim is now married.
As appeal is of 2023, may not be heard in near future, relief of
suspension of sentence and grant of bail is urged for.
3. Learned APP as well as learned counsel for respondent
No.2 opposed on the ground that on full fledged trial conviction has
been recorded. Moreover, occurrence is not a solitary incident and the
applicant has indulged in the said act multiple times. There is eye
witness account. Therefore, for such reasons the applicant does not
deserve relief for suspension of sentence and grant of bail.
4. After hearing the above submissions and going through
the record, the applicant is convicted for the offence under Sections
7/8 and 11(4)/12 of the Protection of Children from Sexual Offences
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Act and under Sections 341 and 506 of I.P.C. Maximum sentence
awarded is of three years imprisonment. On going through the
record, it shows that, when the victim was returning back to the
house on bicycle, accused obstructed her way, pulled her hand and
thereafter outraged her modesty. Appeal is of 2023, may not be heard
in immediate near future. Applicant was said to be on bail during
trial. Moreover, this Court had already suspended the sentence vide
order dated 12.10.2023. Since then there is no misuse of liberty nor
there is any adverse remark. In light of above discussion, as there are
no prospects of hearing the appeal in near future, relief as prayed
deserves to be granted. Hence, the following order:-
ORDER
(i) Criminal Application stands allowed.
(ii) Interim relief granted by this Court on 12.10.2023, is
hereby confirmed.
(iii) The applicant shall not commit any criminal activity.
(iv) The applicant shall remain present before the learned trial
Judge once in six months, till final hearing and disposal of
the appeal, commencing from the date he tenders bail
papers and thereafter, the trial Judge to fix dates for his
subsequent appearances.
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(v) In case of two consecutive defaults on the part of the
applicant to remain present before the trial Court, the trial
Court to inform this Court about the same and in that
eventuality, the prosecution would be at liberty to file an
application for cancellation of the bail granted to the
applicant.
(vi) Fees of learned counsel Mr. Kedar Ashok Pathade,
appointed for respondent No.2, be paid by the High Court
Legal Services Sub-Comittee, Aurangabad, as per Rules.
[ ABHAY S. WAGHWASE, J. ]
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