Bombay High Court
SANDIP SUKALAL PAWARAversusTHE STATE OF MAHARASHTRA AND ANOTHER
- Disposal
- APPLICATION ALLOWED
Holding
The Court held that there was no justification to keep the applicant in custody and granted bail.
Summary
The applicant, Sandip Sukalal Pawara, was charged with offences including rape, forced marriage of a minor, and offences under the IPC, POCSO Act and SC/ST Act. The allegation was that he compelled the victim to marry a co‑accused and received Rs. 3.60 lakh for the arrangement, with the FIR lodged after a considerable delay. The applicant argued that the co‑accused had already been released on bail, that the victim's Aadhaar indicated she was a major at the relevant time, and that there was no evidence of the alleged payment. The State contended that the seriousness of the offences warranted denial of bail and noted the informant’s failure to appear. The Court observed that, apart from the victim’s testimony, there was no corroborative evidence of the monetary transaction and that the applicant was not a flight risk. Consequently, the bail application was allowed, subject to a PR bond and surety conditions.
Issues considered
- Whether bail should be granted in a case involving serious offences such as rape, forced marriage and offences under the POCSO and SC/ST Acts.
- Whether the delay in lodging the FIR and lack of corroborative evidence on the alleged monetary transaction affect the grant of bail.
- Whether the applicant poses a risk of fleeing, tampering with evidence or interfering with witnesses.
Legislation cited
- Indian Penal Code, 1860 — s. 34, 366(A), 372, 373, 376(2)(N), 506
- Protection of Children from Sexual Offences Act — s. 5(L), 6
- Scheduled Castes and Scheduled Tribes (Prevention) Act — s. 3(1)(w)(i), 3(2)(va)
Subjects
- bail
- rape
- forced marriage
- POCSO
- SC/ST Act
- delay in FIR
- pre‑trial detention
- criminal procedure
Judgment
2026:BHC-AUG:42309
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
BAIL APPLICATION NO. 1887 OF 2026
Sandip Sukalal Pawara
VERSUS
The State Of Maharashtra And Another
Mr. A. S. Savale, Advocate for applicant
Mr. S. B. Narwade, APP for respondent-State
Mr. J. S. Jain, Advocate for respondent No. 2
CORAM : R. M. JOSHI, J.
DATE : 15th SEPTEMBER, 2026
PER COURT :-
1. Applicant seeks regular bail in connection with Crime No. 237
of 2022 registered with Dhadgaon Police Station, Dist. Nandurbar for the
offences punishable under Sections 376(2)(N), 366(A), 372, 373, 506,
34 of the Indian Penal Code and under Section 5(L), 6 of the Protection
of Children from Sexual Offences Act and under Sections 3(1)(w)(i), 3(2)
(va) of the Scheduled Castes and Scheduled Tribes Act.
2. First Informant is the father of the victim girl. According to
him, present applicant and his wife went to their home and asked the
victim to accompany them. There is allegation that they took victim to
the place at the distance of 500 KMs where forcibly her marriage was
performed to co-accused Govind. There is allegation that present
applicant has received a sum of Rs. 3,60,000/- for arranging said
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marriage of victim i.e., said to be minor girl and was subjected to sexual
relations with co-accused Govind.
3. Learned Counsel for the applicant submits that co-accused
Govind against whom there is allegation of committing rape on the victim
has been enlarged on regular bail by the trial Court, it is his submission
that having regard to the said fact the present bail application cannot be
rejected. He further submits that there is evidence in the form of Adhar
Card collected during the course of investigation indicating that victim
was major at the relevant time and considering the delay caused in
lodging of the report, possibility of performing marriage on her free will
is not ruled out. According to him there is no evidence to the effect that
applicant received any money as alleged.
4. Learned APP and learned Counsel for informant who was
appointed by this Court submits that in view of the fact that the
informant in spite of service of notice has failed to cause appearance
before the Court to oppose grant of any relief to the applicant. According
to them, allegation against the applicant is that he forcibly made the
victim to marry with co-accused on receipt of Rs. 3,60,000/-. Having
regard to the seriousness of the crime, application deserves to be
rejected.
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5. Prima facie perusal of the record indicates that there is
inordinate delay in lodging First Information Report. The accused against
whom there is allegation about committing rape on the victim is already
enlarged on bail. As far as allegation against present applicant of
receiving Rs. 3,60,000/- is concerned and except for the statement of
victim and other witnesses who do not claim that such transaction having
taken place in their presence, there is no other evidence to support this
allegation. The applicant cannot be kept in jail by way of pre trial
sentence. He is not likely to flee from justice. This Court finds no
justification not to allow the application. Hence, application stands
allowed.
ORDER
(i) Application is allowed.
(ii) Applicant be released on bail in connection with
Crime No. 237 of 2022 registered with Dhadgaon Police
Station, Dist. Nandurbar for the offences punishable
under Sections 376(2)(N), 366(A), 372, 373, 506, 34 of
the Indian Penal Code and under Section 5(L), 6 of the
Protection of Children from Sexual Offences Act and
under Sections 3(1)(w)(i), 3(2)(va) of the Scheduled
Castes and Scheduled Tribes Act, he shall be released
on bail on furnishing PR Bond of Rs.15,000/- (Rupees
Fifteen Thousand only) with one solvent surety in the
like amount.
(iii) He shall attend all dates of hearing of trial unless
exempted from appearance.
(iv) He shall not contact the witnesses directly or
indirectly.
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(v) He shall not interfere with the evidence in any
manner whatsoever.
(vi) He is further directed to cooperate the
investigating agency for further investigation.
6. Fees of appointed counsel is quantified at Rs. 10,000/-.
(R. M. JOSHI, J.)
B. S. Joshi
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