Mahesh Dattatray Gorde v. State of Maharashtra and Anr.
Case brief
What is this about?
Bombay HC, Criminal Appeal No. 1164 of 2025 / Interim Application No. 4384 of 2025, Mahesh Dattatray Gorde v. State of Maharashtra & Anr., decided 21 January 2026 by R. M. Joshi, J. Bail granted and sentence suspended pending appeal after conviction dated 14 October 2025 in Special Case (POCSO) No. 567 of 2021 under S. 376(i) and S. 363 IPC and S. 3(a), 4(2), 5(j)(ii), 6 POCSO Act (20 years' imprisonment with fine). Grounds: DNA test report the only evidence connecting appellant to the crime; unexplained gap in custody of victim's samples (drawn 27 July 2021, received by FSL 29 July 2021) per Chemical Analyzer testimony; Dr. Patel (PW-9) admitted no DNA kit used at sample collection; counsel also urged victim and Informant did not support prosecution; Respondent No.2 present in Court and did not oppose bail. Court's standard: no suspension merely on victim's no objection; appellant must show fair/reasonable chance of success; no criminal history, not likely to flee. P.R. Bond Rs. 15,000/- with one surety; appeal admitted; record and proceedings called. Themes: POCSO bail, suspension of sentence, DNA chain of custody, FSL, DNA kit, prima facie findings.