Gorakh Rajendra Jadhav v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRI-INTERIM APPLICATION NO. 272 OF 2026 IN CR. APPEAL NO. 96 OF 2026 Gorakh Rajendra Jadhav

VERSUS

The State Of Maharashtra Ms. Ankita Chindage i/b Mr. Shrikant Panhale, advocate for the applicant Mr. Anand S. Shalgaonkar, APP for the Respondent-State. Ms. Supriya B. Koli appointed for respondent/victim (appointed) CORAM : SACHIN S. DESHMUKH, J.

DATE : 7th MAY 2026.

P. C. :

IRESH MASHAL 1.

Leave to amend.

2.

Heard.

Digitally signed by IRESH MASHAL Date:

2026.05.08 16:30:18 +0530 3.

Learned counsel Ms. Supriya Koli is appointed to represent respondent/victim.

4.

Issue notice. Learned A.P.P. waives service of notice for the respondent-State.

5.

The applicant seeks suspension of sentence awarded in judgment and order dated 24/03/2026 rendered by the learned Extra Jt. Addl. Sessions Judge, Vaduj in Spl. POCSO Case No. 1 of

19/2021.

6.

The applicant is convicted and sentence awarded to the applicant is as under :

Applicant Gorakh Rajendra Jadhav is convicted for offence punishable under Section 11(4) read with Section 12 of Protection of Children from Sexual Offences Act, 2012 and sentenced to suffer rigorous imprisonment for one year and fine of Rs. 5,000/-, in default to suffer simple imprisonment for one month.

7.

Learned counsel for the applicant submits that the fine amount is paid. The trial court's judgment is contrary to the law and the evidence on record. It is contended that the court erred in convicting the applicant. Hence, the impugned order is liable to be quashed and set aside.

8.

It is contention of learned APP that prosecution has proved the case beyond reasonable doubt. The learned trial Court has rendered a well reasoned order and no interference is required in it. Hence, prayed to reject the application.

9.

Having heard both learned counsel and perused the impugned judgment, I find that certain plausible grounds are raised by the Applicant and considering that the applicant is awarded a shortterm sentence, coupled with the fact that disposal of the Appeal may 2 of

take a considerable period, the sentence deserves to be suspended. 10.

Hence, the order :

O R D E R

(i) The Interim Application is allowed.

(ii) The sentence awarded in judgment and order dated 24/03/2026 rendered by the learned Extra Jt. Addl. Sessions Judge, Vaduj in Spl. POCSO Case No. 19/2021, is hereby suspended.

(iii) The applicant/accused be enlarged on bail on furnishing PR Bond in the sum of Rs.25,000/- (Rs.Twenty Five Thousand), and one solvent surety, in the like amount, before the learned learned Extra Jt. Addl. Sessions Judge, Vaduj. (iv) Applicant shall mark presence before the concerned Sessions Court, once in three months on the date assigned by the concerned Court.

(v) The criminal interim application is disposed of accordingly. [SACHIN S. DESHMUKH, J.] 3 of