Dismissed¶¶24

Ajit Dhanaji Bondar v. the State of Maharashtra

Bombay HC25 Mar 2025APPLN/104/2025

Case brief

AI extract

What is this about?

Post-conviction bail / suspension of sentence refused; sexual-offence convictions involving a minor (Ss.376, 376(2)(n), 376(3); Ss.4, 6, 8, 12 POCSO Act; Ss.9, 10, 11 Prohibition of Child Marriage Act); 20 years' RI and fine; appeal of 2025 pending before High Court of Bombay, Aurangabad Bench; gravity of offence against minor victim cited as ground for refusal; application rejected by Abhay S. Waghwase, J. on 25-03-2025.

What did the court decide?

The victim was a minor and that aspect is already proved by the prosecution; therefore, considering the gravity and seriousness of the offence, the Court was not inclined to grant the relief of suspension of sentence and bail. ¶¶21

Ajit Dhanaji Bondar Vs the State of Maharashtra — Child Sexual Offences (POCSO) | Bombay HC (2025)

¶1

2025:BHC-AUG:8691

¶2

{1} CR APPLICATION NO. 104 OF 2025

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

¶4

986 CRIMINAL APPLICATION NO. 104 OF 2025 IN APPEAL/18/2025

¶5

Ajit Dhanaji Bondar Age: 30 years, Occu.: Labour, R/o. : Utami Kayapur, Tq.& Dist.Osmanabad. Presently lodged at Osmanabad District Prison, Osmanabad. ..Applicant (Org. Accused No.3)

¶6

Versus

¶7

The State of Maharashtra ..Respondent

¶8

Advocate for Applicant : Mr. Abhijit S. More APP for Respondent : Ms.Vaishali S.Chaudhari

¶9

CORAM : ABHAY S. WAGHWASE, J.

¶10

RESERVED ON : 19 MARCH, 2025 PRONOUNCED ON : 25 MARCH, 2025

¶11

ORDER :

¶12

This is an application for suspension of sentence and grant of

¶13

bail on account of conviction recorded by learned Special Judge, Osmanabad dated 21-10-2024 in Special Case No.121 of 2021.

¶14

Learned counsel pointed out that applicant was tried by

¶15

learned Special Judge for commission of offence under Sections 376,

¶16

{2} CR APPLICATION NO. 104 OF 2025

¶17

376(2)(n), 376(3), under Sections 4, 6, 8 and 12 of the Protection of Children from Sexual Offences Act (POCSO Act) and under Sections 9, 10 and 11 of the Prohibition of Child Marriage Act and he has been held guilty for the aforesaid offences and awarded maximum sentence to suffer rigorous imprisonment for 20 years and to pay fine against which he has preferred appeal. However, appeal is of 2025 and there are no immediate prospects of matter being heard and decided earlier. That, applicant was on bail during the trial. That, fine amount is paid. Therefore, above prayers are raised.

¶18

Learned APP opposed application on the ground that serious offence is proved to be committed on a minor. According to learned APP, if applicant so desires matter can be taken up for final hearing itself.

¶19

After considering the submissions and on going through the papers, it is emerging that vide above Special Case No.121 of 2021, applicant was tried and by judgment and order dated 21-10-2024, he has been held guilty for aforesaid offences and awarded maximum sentence of rigorous imprisonment for 20 years. Victim was said to

¶20

{3} CR APPLICATION NO. 104 OF 2025

¶21

be a minor and that aspect is already proved by the prosecution. Therefore, considering the gravity and seriousness of the offence, this

¶22

Court is not inclined to grant relief. Hence, following order :

¶23

ORDER

¶24

Criminal Application No.104 of 2025 is rejected.

¶25

( ABHAY S. WAGHWASE ) JUDGE