Bombay High Court

VINOD SHIVAJI BOBADEversusTHE STATE OF MAHARASHTRA

Disposal: Allowed
Bench: R G AVACHAT AJIT B KADETHANKAR

Holding

The Court suspended the substantive sentence and granted bail to the applicant pending the appeal.

Summary

The High Court considered an interim application under Section 389 of the Code of Criminal Procedure to suspend the life sentences imposed on Vinod Shivaji Bobade for raping his step‑daughter and related offences. The conviction covered offences under Section 376(2)(i) IPC, Section 5(n) r/w Section 6 and Section 3 r/w Section 4 of the Protection of Children from Sexual Offences Act, and Section 506 IPC, with all sentences ordered to run concurrently. The State opposed suspension, emphasizing the seriousness of the crime and the victim’s minor age, while the applicant argued that the victim had left the village and pointed to the absence of medical injuries. The Court noted that the applicant had been in custody for over eleven years without parole and that the medical examination report showed no definitive injuries. Consequently, the Court suspended the substantive sentence pending the appeal and released the applicant on bail upon furnishing a bond.

Issues considered

Whether an application under Section 389 CrPC for suspension of a life sentence in a child rape case can be entertained
Whether bail can be granted to a convicted rapist while the appeal is pending

Legislation cited

Code of Criminal Procedure, 1973 — s. 235(2), 389
Indian Penal Code, 1860 — s. 376(2)(i), 506
Protection of Children from Sexual Offences Act — s. 3, 4, 5(n), 6

Subjects

rape
child sexual abuse
suspension of sentence
bail
CrPC Section 389
life imprisonment
medical evidence
appeal

Judgment

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Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR

CRIMINAL APPELLATE JURISDICTION

INTERIM APPLICATION NO.3530 OF 2025
IN
CRIMINAL APPEAL NO.673 OF 2017

Vinod Shivaji Bobade ] Applicant
versus
The State of Maharashtra ] Respondent

…..
Mr. Sachin Thombare (through V.C), for Applicant.

Ms. S.N. Deshmukh, A.P.P, for Respondent-State.
…..

CORAM : R.G. AVACHAT AND
AJIT B. KADETHANKAR, JJ.

DATE : 8th JANUARY, 2026.

ORAL ORDER: [PER R.G. AVACHAT, J.]:

1. Heard learned Counsel for the applicant and the learned A.P.P, for

respondent – State.

2. This is an application under section 389 of the Code of Criminal

Procedure, 1973 (for short “Cr. P.C”) for suspension of substantive

sentence imposed upon the applicant by the learned Additional Sessions

Judge, Satara in Special (Child) Sessions Case No.74 of 2014. This is the

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SHAILAJA Digitally signed by SHAILAJA
SHRIKANT HALKUDE
SHRIKANT Date: 2026.01.08 18:34:36
HALKUDE +0530
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first application. The applicant has been convicted for the offence of rape

on his step daughter. The operative order of conviction reads thus;

“1] Accused Vinod Shivaji Bobade is hereby convicted vide
Section 235 (2) of the Code of Criminal Procedure, for the
offence punishable under Section 376(2) (i) of the Indian
Penal Code and sentenced to suffer imprisonment for life,
which shall mean imprisonment for the remainder of his
natural life and to pay a fine of Rs.25,000/- (Rupees twenty
five thousand only) in default to suffer rigorous imprisonment
for one year.

2] The accused is also convicted for the offence vide
Section 235 (2) of the Code of Criminal Procedure, for the
offence punishable under Section 5(n) r/w Section 6 of the
Protection of Children from Sexual Offences Act and
sentenced to suffer imprisonment for life which shall mean
imprisonment for the remainder of his natural life and to pay a
fine of Rs.25,000/-(Rupees twenty five thousand only) in
default to suffer rigorous imprisonment for one year.

3] Accused is also convicted for the offence vide Section 235
(2) of the Code of Criminal Procedure, for the offence
punishable under Section 506 of the Indian Penal Code and
sentenced to suffer rigorous imprisonment for seven years and
to pay a fine of Rs.25,000/- (Rupees twenty five thousand
only) in default to suffer rigorous imprisonment for one year.

4] The accused is also, convicted for the offence vide Section
235 (2) of the Code of Criminal Procedure, for the offence
punishable under Section 3 r/w Section 4 of the Protection of
Children from Sexual Offences Act. However no separate
sentence is passed in view of sentence passed under Section
376(2) (i) of the Indian Penal Code and Section 5(n) r/w
Section 6 of the Protection of Children from Sexual Offences
Act.

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5] All the sentences to run concurrently.

6] The fine amount of Rs.75,000/- (Rupees seventy five
thousand only), if deposited by the accused be paid as 20
compensation to the victim.

7] A copy of this order be also sent to the District Legal
Authority, Satara, recommending appropriate compensation
to the victim.

8] The muddemal property the bed-sheet and the clothes
at Sr. Nos.1 to 6 being worthless be destroyed after expiry of
appeal period”.

3. Learned A.P.P has strong reservation to allow the application.

According to her, it is an offence against society. The victim was around

twelve years of age. The victim was as good as in the custody of the

applicant. According to her, even the medical evidence may be said to

have been supporting the applicant, Sole testimony of the victim of

offence of rape could be relied upon. She submits that there is plethora of

authorities including the judgments of this Court as well, wherein, in such

cases, suspension of substantive sentence is not permitted. Learned A.P.P

vehemently prays for imposing stringent conditions, if the Court is

inclined to allow the application.

4. Learned Counsel for the applicant would submit that the victim

has left the village alongwith his mother.

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5. The applicant is in jail for little over eleven years and two months.

The applicant has not at all been granted parole or furlough during the

period of incarceration. It will take time to hear the appeal, finally.

Medical examination report of the victim records thus;

“f) Hymen: Injury present/absent: absent Edges: --- Bleeding -
Oedema: Position of Tears: o’ clock
g) E/o Perineal Tear if any: No perineal tear
h) Urethra: Normal
i) PS examination Not done as hymen not ruptured
j) Anus: Normal
k) Oral Cavity: Normal
l) Any other findings: Nil

(VII) Specific Examinations:- (wherever facilities exists and if indicated)

a) Toluidine blue dye test : Results - Not done
b) Wet amount slide test Results : Results - Not done
c) UV light exam of clothes and skin : Results - Not done
d) Anoscopic/colposcopic exam: : Results - Not done

(VIII) Sample collection for Hospital/Clinical Laboratory: Sample can
be taken according to requirement of a case advice investigations/test
according to case presentations & signs:

Sr. Sample Name Test for Preservative/ Collected
No. Packing ?
Yes/No
1 Vaginal Swab Microscopy & Plain Sterile Yes
(Sterile cotton) Culture Bulb
2 Urethral Swab Microscopy & Plain Sterile No
Culture Bulb
3 Swab (Sterile Microscopy & Plain Sterile Yes

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Cotton) from Culture Bulb
discharge
4. Blood Serology (for Plain Sterile Yes
Syphilis, HIV & Bulb
Hepatitis B)
5. Urine Microscopy & Plain Sterile No
(midestream) Culture Bulb

Pregnancy Test: Yes/No/Not indicated: If positive advise USG ---Not

indicated

(IX) The samples must be collected as per time elapsed between
assault and examination, history and physical findings. This will avoid
unnecessary sample collection. The list of samples to be preserved is
annexed herewith in triplicate, which is the part of requisition to FSL for
relevant examination. Here it must be remembered that specific mention
in words as to which samples are collected and which are not collected is
very necessary.

Note (if any)…..

(X) Provisional opinion: Vitim is examined after about 2 days of
the incidence.

7) Evidence of injuries to the genitals/anus:
No injuries to the genitals/anus.

8) Evidence related to non penetrative assault:
No evidence found related to non penetrative assault.

9) Evidence of injuries suggestive of application of force/restraint:
No e/o injuries s/o application of force

10) Opinion as to age of injuries and nature of injuries:
No injuries detected.

11) Results of wet mount slide examination for evidence of spermatozoa:
Not done

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12) Evidence as to consumption/being under the influence of drugs and/or
alcohol
No evidence s/o under influence

On the basis of above mentioned observations my/our OVERALL
OPINION is that (Tick which is applicable and Strike out which is not
applicable):

e) Overall findings are consistent with sexual intercourse/assault,
however, final opinion is kept pending till receipt of FSL reports OR

f) Evidence of sexual intercourse/assault cannot be ruled out. Hence,
final opinion is kept pending till receipt of FSL reports. OR

g) Opinion reserved pending till receipt of FSL and/or …… (if any)
investigations AND/OR

h) Considering the history & examination findings though there is no
evidence of deep penetration but superficial penetration cannot be
ruled out”. So opinion reserved till FSL reports”.

6. Considering the medical examination report coupled with long

incarceration of the applicant, we are inclined to allow the application in

terms of the following order;

:ORDER:

(a) The substantive sentence imposed by learned Additional
Sessions Judge, vide Judgment and Order dated 11 th May, 2017
passed in Special (Child) Sessions Case No.74 of 2014 on applicant
Vinod Shivaji Bobade is suspended during the pendency of the
present appeal on following condition.

(b) Applicant - Vinod Shivaji Bobade be released on bail on his
furnishing P.R bond in the sum of Rs.15,000/- [Rs. Fifteen
Thousand only] with one surety in the like amount.

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7. Interim Application stands disposed of accordingly.

[AJIT B. KADETHANKAR, J.] [ R.G. AVACHAT J.]

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