Dattatray Posu Patil vs State of Maharashtra… — Child Sexual Offences (POCSO) | Bombay HC (2025)

Dattatray Posu Patil vs State of Maharashtra… — Child Sexual Offences (POCSO) | Bombay HC (2025)

What the court decided

AI extract

Outcome

Substantive sentence imposed by the trial Court suspended; applicant to be released on bail on furnishing a P.R. Bond of Rs.25,000/- with one or two sureties in the like amount; condition to attend the concerned police station once a month (first Saturday, 11:00 am to 2:00 pm) during pendency of the appeal; barred from entering the limits of village Ranjankhar, Tal-Alibag, Dist-Raigad till disposal of the appeal.

Issue for consideration

Whether the substantive sentence of imprisonment imposed on the applicant should be suspended and he released on bail during the pendency of his criminal appeal against the conviction.

Court's answer

The fact that the applicant has already undergone six years and eight months of the sentence is not disputed.

Ratio / Principle

Admissions in the victim's cross-examination leave open the possibility that she was tutored; in that view the Court was inclined to suspend the sentence and release the applicant on bail.

Detailed headnote1 paragraphs

Bombay High Court (Criminal Appellate Jurisdiction), N.R. Borkar, J. — Interim Application No. 3712 of 2024 in Criminal Appeal No. 751 of 2025 (referred to in the body as Criminal Appeal No. 751 of 2024): Applicant Dattatray Posu Patil, convicted on 26.10.2020 by the Extra Joint District and Sessions Judge, Raigad-Alibag in Special (POCSO) Case No. 49 of 2020 under Sections 376(2)(i) & 376(AB) IPC and Section 5(m) POCSO Act, 2012 and sentenced to 20 years' rigorous imprisonment, sought suspension of sentence and bail pending appeal. Noting that he had undergone six years and eight months (undisputed), and that admissions in the victim's cross-examination left open the possibility that she was tutored, the Court allowed the application, suspended the substantive sentence, and directed release on a P.R. Bond of Rs.25,000/- with one or two like sureties, conditioned on monthly police-station attendance and non-entry into village Ranjankhar, Tal-Alibag, Dist-Raigad until disposal of the appeal. Respondents opposed, urging the victim was four and a half years old and the offence a serious penetrative sexual assault.

902-IA-3712-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

INTERIM APPLICATION NO. 3712 OF 2024 IN

CRIMINAL APPEAL NO. 751 OF 2025

Dattatray Posu Patil

…Applicant

V/s.

The State of Maharashtra and Anr.

...Respondents

Mr. Sachin Ramrao Pawar a/w Mr. Dewang Mhatre Advocate for the Applicant.

Ms. R. D. Humane, APP for the Respondent/State. Ms. Juhi Kadu, Advocate for the Respondent No.2.

CORAM : N.R. BORKAR, J. DATE : 03.09.2025.

P.C. :

By this application, the applicant is seeking suspension

of sentence and grant of bail during the pendency of the Criminal Appeal No. 751 of 2024 filed by him against the judgment and order dated 26.10.2020 passed by the Extra Joint District and Sessions Judge, Raigad-Alibag, in Special (POCSO) case No. 49 of 2020, by which the learned Extra Joint District and Sessions Judge has convicted the applicant for the offence punishable under Sections 376(2)(i) & 376(AB) of the Indian Penal Code and Section

5(m) of the Protection of Children from Sexual Offences (POCSO) Pramod S.Lakare

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902-IA-3712-2024.doc

Act, 2012 and sentenced him to suffer rigorous imprisonment for

20 years.

I have heard the learned counsel for the applicant, learned APP for the respondent-State and the learned counsel for the respondent No.2-victim.

The learned counsel for the applicant submits that the applicant has good case on merit. It is submitted that till date the applicant has undergone six years and eight months. It is submitted that the appeal is not likely to be taken up for final hearing in near future. It is thus submitted that the sentence be suspended and the applicant be released on bail.

On the other hand, the learned APP for the respondentState and the learned counsel for the respondent No.2-victim submit that the applicant is convicted for the serious offence of penetrative sexual assault. It is submitted that at the relevant

time the victim was four and half years old. It is thus submitted that the sentence may not be suspended.

Pramod S.Lakare

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902-IA-3712-2024.doc

The fact that the applicant has already undergone sentence of six years and eight months is not disputed. There are certain admissions in the cross-examination of the victim from which the possibility that she was tutored cannot be ruled out. In that view of the matter, I am inclined to suspend the sentence and release the applicant on bail. In the result, the following order is passed:

O R D E R

a] The Application is allowed.

b] The substantive sentence imposed by the trial Court upon the applicant is hereby suspended. The Applicant shall be released on bail on furnishing P.R. Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one or two sureties in the like amount.

c] The Applicant shall attend the concerned police station once in a month, i.e., on first Saturday between 11:00 am to 2:00 pm, during

Pramod S.Lakare

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902-IA-3712-2024.doc

the pendency of the present appeal.

d] The Applicant shall not enter into the limits of village Ranjankhar, Tal-Alibag. Dist-Raigad, till disposal of the appeal.

[N.R.BORKAR, J.]

Pramod S.Lakare

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