Skip to content

The research platform for Indian law — judgements, legislation and the citations between them. Free to search, with the original document behind every result.

A product of LawSathi.

Research

Search Legislation Research tools

Browse

Courts Case types Topics Most-cited judgements Sources

LawSathi

Practice platform Blog

© 2026 LawSathiTerms PrivacyResearch aid, not the official record.

Vikas Baburao Jadhav Vs the State of Mah — Bail and Remand | Bombay HC (2012)

Home
Bombay HC
2012
Vikas Baburao Jadhav Vs the State of MahVikas Baburao Jadhav v. the State of Mah

Dismissed

Vikas Baburao Jadhav v. the State of Mah

Bombay HC4 Oct 2012APPLN/3369/2012

Case brief

AI extract

What is this about?

In a bail application under Section 3762 IPC and Section 34 IPC, the High Court dismissed the prayer, finding a prima facie case of forcible sexual intercourse with a six-year-old girl. The court held that despite the co-accused's release and trial delays, the gravity of the offence precluded bail.

What did the court decide?

Bail application dismissed; Additional Sessions Judge directed to expedite trial.

What the court decided

AI extract

Outcome

Bail application dismissed; Additional Sessions Judge directed to expedite trial.

Issue for consideration

Whether an accused facing trial for forcible sexual intercourse with a six-year-old girl is eligible for bail. +2 more

Detailed headnote1 paragraphs

The court dismissed the bail application in a case involving forcible sexual intercourse with a six-year-old under Section 376(2)(g) IPC read with Section 34 IPC. Finding a prima facie case of forcible sexual intercourse, the Court held that the gravity of the offence made it unfit for release on bail, despite the trial delays and the bail status of a juvenile co-accused.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

A

Cri.Appln.No.3369 of 2012

1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD

CRIMINAL APPLICATION NO.3369 OF 2012

Vikas Baburao Jadhav ..Applicant

Versus

The State of Maharashtra

..Respondent

Mr S.B.Gastgar, Advocate for applicant Mr P.P.More, A.P.P. for respondent

CORAM : M.T. JOSHI, J.

DATE : 4th October 2012

PER COURT

Heard both sides.

The present applicant, who is facing trial in Sessions Case No.7/2012, in the Court of Additional Sessions Judge, Latur, for the offence punishable under Section 376 (2) (g) read with sec.34 of the Indian Penal Code, is praying for his release on bail.

The allegations are that the present applicant along with one Bhaiya Chavan (who admittedly is child in conflict with law) has forcibly committed sexual intercourse with one six year’s old girl.

Cri.Appln.No.3369 of 2012

2

The learned Counsel for the applicant submits that the trial may take its own time, the co-accused is already released on bail and hence, the applicant be released on bail.

The learned Assistant Public Prosecutor opposed the application. He submits that the co-accused being below the age of 16 years was released on bail. Further, it has become an admitted fact that after reaching of the report from Additional Sessions Judge, Latur, the Sessions Judge is posted at Nilanga. There are in all seven cases of under-trial prisoners in the Court of Additional Sessions Judge, Nilanga.

In the circumstances, finding that there is a prima facie case against the applicant that he has committed forcible sexual intercourse with a six years old girl, in my view this is not a fit case for releasing the applicant on bail. The application is, therefore, dismissed.

The learned Additional Sessions Judge is directed to expedite the hearing of the Sessions case.

(vvr/3369.12criappln)

Issues for consideration

3 issues framed by the court

AI extract

1.
Whether an accused facing trial for forcible sexual intercourse with a six-year-old girl is eligible for bail.
2.
Whether the delay in trial and the release of a juvenile co-accused justify granting bail.
3.
Whether the case against the applicant constitutes a fit case for bail under the circumstances.

Statutes considered

2 provisions across 1 enactments

AI extract

Indian Penal Code376(2)(g)34

Parties & counsel

AI extract

applicant
Vikas Baburao Jadhav
respondent
The State of Maharashtra

Coram

AI extract

M.T. JOSHI

Case details

As recorded by the court registry

Court: Bombay HC
Decided on: 4 Oct 2012 · October
Registered: 27 Jul 2012
Case no.: APPLN/3369/2012
CNR: HCBM030246602012
Topic: Bail and Remand
Bench: M.t. Joshi
Disposal: DISMISSED

Similar cases

Judgements on the same questions, provisions and authorities, from every court

Finding judgements on the same questions…

More from M.t. Joshi

Shivdatt Laxman Dhas Vs Shashikant Pandurang Patil and Anr.
3 Oct 2012
The State of Mah Vs Laxmikant Rangnathrao Kulkarni and Anr.
3 Oct 2012
The State of Mah Vs Vivek Shankarrao Deshpande and Anr.
3 Oct 2012
Vijay Eknath Karale Vs the State of Mah
4 Oct 2012
Ganesh Sampat Gore Vs the State of Mah and Anr.
4 Oct 2012
Shankarrao Vithalrao Raut Vs Vijay Eknath Karale and Anr.
4 Oct 2012

Cite this judgement

Vikas Baburao Jadhav v. the State of Mah, APPLN/3369/2012 (BOM), decided on 4 October 2012.

The Bombay High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes2

Indian Penal Code376(2)(g) · 34

View all statutes

Bench / Coram

M.T. JOSHI

Parties & counsel