Mangalnath S/O. Gorakh Jadhav v. The State Of Maharashtra

Cri.Appln.No.4263/2022 :: 1 ::

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4263 OF 2022 IN CRIMINAL APPEAL NO.195 OF 2020 Mangalnath s/o Gorakh Jadhav ... APPLICANT

VERSUS

The State of Maharashtra ... RESPONDENT .......

Mr. Y.G. Birajdar, Advocate holding for Mr. M.P. Gandle & S.M. Mundik, Advocates for applicant Mr. A.S. Shinde, A.P.P. for respondent .......

CORAM :

R.G. AVACHAT, J.

DATE : 24th MARCH, 2023 PER COURT :

Heard. The applicant has been convicted for the offence punishable under Section 4 of the Protection of Children from Sexual Offences Act and Section 363 of the of the Indian Penal Code. The maximum term of sentence he is supposed to undergo is seven years. He has been in jail for little over three years and 3 months.

2.

The victim was little over 15 years of age. True, the applicant was married. The record indicates that it was a

Cri.Appln.No.4263/2022 :: 2 ::

consensual relationship. The victim was medically screened. She gave history of no sexual violence. The appeal is not likely to come up for hearing in its turn in near future. In view of the same, pending the appeal, the execution of the substantive sentences of imprisonment imposed upon the applicant by learned Special Judge, Beed in Special (POCSO) Case No.21/2018 by judgment and order dated 3/1/2020 to stand suspended and the applicant be released on bail on his executing P.R. bond in the sum of Rs.15,000/- (Rupees fifteen thousand) with one surety in the like amount. (R.G. AVACHAT, J.) fmp/-