Rajesh Devidas Kagle Vs the State of… — Child Sexual Offences (POCSO) | Bombay HC (2025)

Rajesh Devidas Kagle Vs the State of… — Child Sexual Offences (POCSO) | Bombay HC (2025)

What the court decided

AI extract

Outcome

The application was granted as prayed for: the substantive sentence (rigorous imprisonment for three years and fine of Rs.25,000/-, in default RI for six months) awarded by the Special Judge (POCSO), Biloli on 04-02-2025 is suspended, and the applicant is to be released on bail on executing SB and PB of Rs.50,000/- and furnishing solvent surety of Rs. 50,000/- before the trial court within four weeks; the application stands disposed of accordingly. The connected Criminal Appeal No. 147 of 2025 is admitted; the advocate for respondent No. 2 and the APP waive service of notice; R & P along with a paper book is called for.

Issue for consideration

Whether the substantive sentence awarded to the applicant by the learned Special Judge (POCSO), Biloli should be suspended till the appeal is disposed of, and whether the applicant should be released on bail pending disposal of the appeal. +1 more

Court's answer

On consideration of the facts of the case and the grounds raised in the appeal memo, the Court found no substance in the objections raised by the learned APP and the learned advocate for respondent No. 2 to the suspension of sentence.

Ratio / Principle

The substantive sentence awarded by the learned Special Judge (POCSO), Biloli in Special (POCSO) Case No. 6/2017 by order dated 04-02-2025 for the offences punishable under Sections 306 of the IPC and Section 11 read with 12 of the POCSO is suspended, and the applicant is to be released on bail on executing SB and PB of Rs.50,000/- (Rupees Fifty Thousand Only) before the trial court within a period of four weeks.

Key takeaways

Considering the nature of the offence, the applicant is directed to furnish solvent surety to the extent of Rs. 50,000/- (Rupees Fifty Thousand Only) within four weeks before the learned trial court.ratio¶¶23
On consideration of the grounds raised in the appeal memo, Criminal Appeal No. 147 of 2025 is admitted.ratio¶¶32

Detailed headnote1 paragraphs

Bombay High Court, Bench at Aurangabad (Abhay J. Mantri, J.), 16th September, 2025 — Criminal Application No. 816 of 2025 in APEAL/147/2025, with Criminal Appeal No. 147 of 2025 (Rajesh Devidas Kagle v. The State of Maharashtra and Another). Suspension of sentence: the substantive sentence of rigorous imprisonment for three years and fine of Rs.25,000/- (in default, RI for six months) imposed by the learned Special Judge (POCSO), Biloli in Special (POCSO) Case No. 6/2017 by order dated 04-02-2025 for offences punishable under Sections 306 of the IPC and Section 11 read with 12 of the POCSO, is suspended. The objections of the learned APP and the advocate for respondent No. 2 were held to lack substance. The applicant is to be released on bail on executing SB and PB of Rs.50,000/- and furnishing solvent surety of Rs. 50,000/- before the trial court within four weeks. The connected appeal is admitted; service of notice is waived by the advocate for respondent No. 2 and the APP; R & P along with a paper book is called for.

(1)

915criapln816.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

915 CRIMINAL APPLICATION NO. 816 OF 2025 IN APEAL/147/2025

RAJESH DEVIDAS KAGLE

….Applicant

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER

…..Respondent

WITH

CRIMINAL APPEAL NO. 147 OF 2025

Mr.Rajendrraa Deshmukkh, Senior Advocate a/w Rakshanda Jaiswal & Vikas Matkar, i/b Mr. Devang Deshmukh, Advocate for the applicant

Mr. A. S. Deshmukh, APP for the respondents/State Mr. S. G. Chincholkar, Advocate for the respondent No.2

CORAM : ABHAY J. MANTRI, J. DATE : 16^th SEPTEMBER, 2025

P. C.

The applicant has moved this application for suspension of substantive sentence awarded by the learned Special Judge (POCSO), Biloli in Special (POCSO) Case No. 6/2017 by order dated 04-02-2025 for the offences punishable under Sections 306 of the IPC and Section 11 read with 12 of the POCSO and he is directed to suffer rigorous imprisonment for three years and shall pay fine of Rs.25,000/-, in default to undergo RI for six months for the offence punishable under section 305 of the IPC.

1 of 3

(2)

915criapln816.25.odt

Learned Senior counsel Mr. Deshmukh for the applicant submitted that during the pendency of the trial, the applicant/accused was on bail, and after passing the conviction order, he was released on bail by order dated 04-02-2025. The applicant has deposited the fine amount in the Trial Court. Therefore, he urged for suspension of the substantive sentence till the appeal is disposed of and the applicant be released on bail.

The learned APP and learned advocate for respondent No. 2 have objected to the application.

Having considered the facts of the case as well as the grounds raised in the appeal memo, I do not find any substance in the objections.

Apart from this, it appears that the interim protection granted is continued till this date. It also appears that the applicant was released on executing a PR bond of Rs. 50,000/- only. However, considering the nature of the offence, I deemed it appropriate to direct him to furnish solvent surety to the extent of Rs. 50,000/[Rupees Fifty Thousand Only] within four weeks before the learned trial court.

Having considered the above, I find substance in the submission of the learned Senior counsel for the applicant. Therefore,

2 of 3

(3)

915criapln816.25.odt

I deemed it appropriate to grant the application as prayed for.

As such the substantive sentence awarded by the learned Special Judge (POCSO), Biloli in Special (POCSO) Case No. 6/2017 by order dated 04-02-2025 for the offences punishable under Sections 306 of the IPC and Section 11 read with 12 of the POCSO, is suspended and he be released on bail on executing SB and PB of Rs.50,000/- [Rupees Fifty Thousand Only] before the trial court within a period of four weeks.

The application stands disposed of accordingly.

CRIMINAL APPEAL NO.147 OF 2025

Having considered the grounds raised in the appeal memo, the appeal is ‘ admitted ’.

The learned Advocate Mr. Chincholkar waives service of notice for the respondent No. 2. Learned APP waives service of notice for respondents/State.

Call for R & P along with a paper book.

[ABHAY J. MANTRI, J. ]

VishalK/915criapln816.25.odt

3 of 3