Bombay High Court

KIRAN RAJARAM VASEKARversusSTATE OF MAHARASHTRA AND ANR.

Disposal: Allowed
Bench: MEHROZ ASHRAF KHAN PATHAN

Holding

The court granted temporary bail to the applicant subject to specified conditions.

Summary

The applicant was convicted in Sessions Case No. 121/2023 for offences under the POCSO Act (Sec. 4(2) read with Sec. 3, Sec. 8, Sec. 12) and the IPC (Secs. 376, 363, 366), receiving a total rigorous imprisonment of 30 years. He had been in custody for about two years and eight months when he filed an interim application seeking suspension of the sentence and temporary bail. The applicant asserted that the alleged victim was his consensual partner, that they had eloped, and that they were married on 16‑10‑2025, presenting a marriage certificate and an affidavit from the victim stating no objection to his release. The victim, present in court, confirmed the marriage, its consummation, and her willingness to have the applicant released on bail. The State opposed bail but acknowledged the marriage. Considering the victim’s consent, the absence of prior criminal antecedents, and alleged evidential discrepancies, the court ordered temporary bail with strict conditions, including a bond, regular police reporting, registration of the marriage with the competent authority, and a prohibition on harassing the complainant. The matter was slated for further consideration on regular bail on 7 September 2026.

Issues considered

Whether a person convicted under the POCSO Act and IPC offences may be granted temporary bail/suspension of sentence on the ground of the victim's consent and marriage to the accused

Legislation cited

Indian Penal Code, 1860 — s. 363, 366, 376
Protection of Children from Sexual Offences Act — s. 12, 3, 4(2), 8

Subjects

bail
interim relief
suspension of sentence
POCSO Act
IPC
marriage
victim consent
criminal appeal

Judgment

1
501-IA-107-2026(CR).DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION

INTERIM APPLICATION NO. 107 OF 2026
IN
CRIMINAL APPEAL NO. 41 OF 2026

Kiran Rajaram Vasekar ….Applicant
VERSUS
State Of Maharashtra and Anr. ....Respondents

-----
Adv. Shailesh Chavan a/w Adv. Ankita Chindage, Adv. Swarvali Chougale
i/by Adv. Shrikant Panhale for Applicant.

Dr. Ashvini A. Takalkar, APP for the Respondent-State.

Adv. Abhang Suryawanshi a/w Adv. Aishwarya Prabhakar Mandale for
Respondent No.2.
-----

Digitally signed
CORAM : MEHROZ K. PATHAN, J.
by SHANTANU
SHANTANU SHANKARSA
SHANKARSA DHUDUM
DHUDUM Date:
2026.08.07
13:02:17 +0530
DATE : 6th AUGUST, 2026.
P.C.

1. Heard learned counsel for the Applicant and learned APP for the

Respondent-State.

2. The Applicant has approached this Court seeking suspension of

sentence in the present crime wherein he is convicted in Sessions Case No.

121/2023 passed by the learned Additional Judge, Special Court, Wai for

the offence punishable under Section 4(2) read with Section 3 of the

POCSO Act for rigorous imprisonment for a period of 20 years under

Section 376 of the IPC and under Sections 8 and 12 of the POCSO Act (no

separate sentence has been passed) and under Section 363 of the IPC for a

Shantanu S. Dhudum
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501-IA-107-2026(CR).DOC

Rigorous Imprisonment for a period of 5 years and under Section 366 of

IPC for rigorous imprisonment for a period of 5 years.

3. Learned counsel for the Applicant submits that the Applicant and

the victim were in a consensual relationship. The victim, of her own free

will, had eloped with the Applicant with the intention of marrying him.

The first information report came to be filed and the Applicant came to be

arrested on 03/02/2021. The Applicant was thereafter released on bail on

31/02/2023 after a period of two years of incarceration. The Applicant had

performed the marriage with the girl on 16/10/2025. The Applicant was

thereafter convicted by the judgment and order dated 30/12/2025 passed

by the learned Sessions Judge is taken into custody and since then the

Applicant is behind bars. It is almost 2 years 8 months that the Applicant is

behind bars. The Appeal is already admitted and would take its own time

for final hearing.

4. The learned counsel has placed on record a certificate issued by

the Viren Mangal Karyalay where the marriage was performed by the

Applicant with the complainant – victim.

5. Learned counsel further submits that the Applicant undertakes to

i.e. Gram Panchayat of the concerned village. The Applicant further

undertakes to continue and maintain the subsisting marital relationship

with the victim. The Applicant has already undergone incarceration for a

period of approximately two years and eight months. There are no

Shantanu S. Dhudum
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501-IA-107-2026(CR).DOC

allegations or complaints that the Applicant has ill-treated or harassed the

victim or any of her family members. The Applicant is not having any

criminal antecedents and is ready to further abide by any conditions that

may be imposed by this Court.

6. Learned counsel further submits that there are discrepancies in

the evidence led by the prosecution. Taking into consideration that the

Complainant and the Applicant are married now. The Applicant and the

complainant would file a joint application for quashing of the conviction on

the ground of settlement. The application may therefore be allowed by

suspending the sentence of the Applicant and he may be released on bail.

7. Learned APP strongly opposes the bail/suspension of sentence.

However, she fairly concedes that the victim has solemnized her marriage

with the Applicant.

8. Taking into consideration that the Applicant and the victim have

solemnized their marriage and are residing together, that the marriage has

been consummated, and that the victim has filed an affidavit stating that

she has no objection to the release of the Applicant on bail and also

confirms the performance of marriage by the Applicant with the victim.

9. The victim and the father of the Applicant are present before the

Court. The victim was personally interacted with by this Court. She

identified and verified her signature on the affidavit filed on her behalf.

She also confirmed that she has solemnized her marriage with the

Applicant and stated that the marriage has been consummated. She further

Shantanu S. Dhudum
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501-IA-107-2026(CR).DOC

stated that she and the Applicant were residing together prior to his arrest

on 30/12/2025.

10. Thus, taking into consideration the aforesaid facts, I am inclined

to release the present Applicant on temporary bail for a limited period

however upon certain conditions. Hence, the following order:

ORDER

I. The Applicant shall be released on temporary bail in connection
with Crime No. 23/2021 registered with Shirval Police Station on
furnishing P.R. Bond in the sum of Rs.50,000/- with one or two sureties in
the like amount.

II. The Applicant shall attend the concerned police station on every
Saturday between the 11:00 to 2:00 p.m. until further orders.

III. The Applicant shall register the marriage before the concerned
Competent Authority and submit a certificate to that effect before this
Court.

IV. The Applicant shall not harass the complainant or her family members.

V. A single complaint of misconduct on the part of the Applicant, or any
allegation of harassment or threats to the complainant or any of her family
members, shall entitle the prosecution to seek cancellation of the interim
bail granted to the Applicant.

11. Put up for further consideration on the regular bail of the

Applicant on 7th September, 2026.

( MEHROZ K. PATHAN, J.)

Shantanu S. Dhudum

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