Jivachha Kuse Mukhiya vs the State of Maharashtra and Anr. — Bombay HC (2025) — LawSathi Research

Jivachha Kuse Mukhiya vs the State of Maharashtra and Anr. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Suspension of the sentence imposed on the appellant till the decision of the appeal; enlargement of the appellant on bail on furnishing a P.R. Bond of Rs.15,000/- with one surety in the like amount; bail before the Trial Court; condition that the appellant shall not contact the victim directly or indirectly in any manner whatsoever.

Issue for consideration

Whether the substantive sentence of rigorous imprisonment for 20 years with fine imposed on the applicant/appellant by Judgment and Order dated 26.09.2024 should be suspended pending decision of Criminal Appeal No. 46 of 2025, with his enlargement on bail. +1 more

Court's answer

The interim application was allowed: the sentence imposed on the appellant stands suspended till the decision of the appeal; the appellant is to be enlarged on bail on furnishing a P.R. Bond of Rs.15,000/- with one surety in the like amount, bail before the Trial Court; the appellant shall not contact the victim directly or indirectly in any manner whatsoever; breach of the conditions will result in vacating the order and taking the appellant into custody to undergo the sentence.

Ratio / Principle

This Court found substance in the appellant's contention that the victim's affidavit and the Aadhar Card annexed thereto indicate her date of birth as 08.01.2001, and observed that the appellant could have a reasonable case for succeeding in the appeal on merit; additionally, the victim, who is admittedly now a major, has recorded no objection to grant of bail.

Key takeaways

The question whether the victim's affidavit and Aadhar Card are to be considered for the purpose of deciding the appeal is expressly left for decision at the final hearing of the appeal.obiter¶23

Detailed headnote1 paragraphs

Bombay High Court (R. M. Joshi, J.) — Interim Application No. 5087 of 2024 in Criminal Appeal No. 46 of 2025, decided 13.11.2025: allowed. The applicant/appellant, sentenced by Judgment and Order dated 26.09.2024 of the Additional Session Judge, Belapur in Special Case No. 90 of 2023 to rigorous imprisonment for 20 years with fine, sought suspension of sentence pending appeal. His counsel contended the prosecution had failed to prove the victim's age during trial; the victim's affidavit and Aadhar Card indicated her date of birth as 08.01.2001. The Court found substance in this contention and observed the appellant could have a reasonable case for succeeding in the appeal on merit, while expressly leaving for the final hearing the question whether the affidavit/Aadhar Card would be considered for deciding the appeal. Since the victim is admittedly now a major and her affidavit, made at her own accord without force or coercion, records no objection to grant of bail, the Court suspended the sentence till the decision of the appeal and enlarged the appellant on bail on a P.R. Bond of Rs.15,000/- with one surety in the like amount, bail before the Trial Court, on condition of no direct or indirect contact with the victim; any breach would result in vacating the order and taking the appellant into custody to undergo the sentence.

32-IA-5087-24 (CR).doc

S.S.Kilaje

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

INTERIM APPLICATION NO. 5087 OF 2024 IN

CRIMINAL APPEAL NO. 46 OF 2025

Jivachha Kuse Mukhiya … Applicant versus The State of Maharashtra & Anr. …. Respondents

Ms. Geeta R.Chataule a/w. Mr. Vishal Ingawale, Advocates for the Applicant.

Mr. Ashok S. Gawai, APP for the State.

Ms. Kanchan Pawar, Appointed Advocate for Respondent No.2.

CORAM : R. M. JOSHI, J.

SONALISATISHKILAJE Digitallysigned bySONALISATISHKILAJEDate:2025.11.1318:19:46+0700

DATE : 13^th NOVEMBER, 2025.

P.C. :

Heard learned counsel for the applicant.

This application is for suspension of substantive sentence imposed against the applicant/appellant by Judgment and Order dated 26.092024 passed by Additional Session Judge, Belapur in Special Case No. 90 of 2023 whereby he sentenced to suffer rigorous imprisonment for 20 years with fine.

Learned counsel for the appellant submits that the prosecution has failed to prove the age of the victim during the trial and consequently it cannot be held that she was the minor at the relevant time. He drew

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32-IA-5087-24 (CR).doc

S.S.Kilaje

attention of the Court to the affidavit filed by the victim and the true copy of the Adhar Card indicates her date of birth to be 08.01.2001 this according to him substantiate that at the time of apparent of the incident he was major. On these amongst all the circumstances he seeks enlargement the appellant on bail.

Learned APP opposed the application contending that the prosecution has succeeded in proving the victim to be minor at the relevant time hence her consent would be not relevant.

Learned appointed counsel for respondent No.2 makes statement of having personally spoken to the victim and affidavit of victim came to the filed at her own accord without any force or coercion. The Affidavit indicates that she records no objection for grant of bail to the appellant.

Apart from the fact that the victim has recorded no objection for grant of bail to the appellant, this Court finds substance in the contention of the learned counsel for the appellant that the said Affidavit, Aadhar card annexed to the Affidavit indicates of birth as 08.01.2001. The question as to whether this document to be considered for the purpose of deciding the appeal is left for decision at the final hearing of the appeal. Suffice it to say that the appellant could have a reasonable case for succeeding in the appeal on merit. More particularly, when the victim who is admittedly

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32-IA-5087-24 (CR).doc

S.S.Kilaje

now major person records no objection for grant of bail to the applicant hence application is allowed on following terms:

ORDER

i. The suspension of sentence imposed against the appellant vide Judgment and Order dated 26.09.2024 passed by Additional Session Judge, Belapur in Special Case No. 90 of 2023 stands suspended till the decision of the appeal.

ii. Appellant be enlarged on bail on furnishing P.R.Bond of Rs.15,000/- with one surety in the like amount.

iii. Bail before the Trial Court.

iv. The appellant shall not contact the victim directly or indirectly and in any manner whatsoever.

v. Any breach of these conditions will result forthwith into vacating of this order and taking the appellant in custody for undergoing sentence.

The Interim Application is disposed of.

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