1 501-IA-107-2026(CR).DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 107 OF 2026 IN CRIMINAL APPEAL NO. 41 OF 2026 Kiran Rajaram Vasekar ….Applicant VERSUS State Of Maharashtra and Anr. ....Respondents ----- Adv. Shailesh Chavan a/w Adv. Ankita Chindage, Adv. Swarvali Chougale i/by Adv. Shrikant Panhale for Applicant. Dr. Ashvini A. Takalkar, APP for the Respondent-State. Adv. Abhang Suryawanshi a/w Adv. Aishwarya Prabhakar Mandale for Respondent No.2. ----- CORAM : MEHROZ K. PATHAN, J. DATE : 6th AUGUST, 2026. P.C. 1. Heard learned counsel for the Applicant and learned APP for the Respondent-State. 2. The Applicant has approached this Court seeking suspension of sentence in the present crime wherein he is convicted in Sessions Case No. 121/2023 passed by the learned Additional Judge, Special Court, Wai for the offence punishable under Section 4(2) read with Section 3 of the POCSO Act for rigorous imprisonment for a period of 20 years under Section 376 of the IPC and under Sections 8 and 12 of the POCSO Act (no separate sentence has been passed) and under Section 363 of the IPC for a Shantanu S. Dhudum SHANTANU SHANKARSA DHUDUM Digitally signed by SHANTANU SHANKARSA DHUDUM Date: 2026.08.07 13:02:17 +0530 2 501-IA-107-2026(CR).DOC Rigorous Imprisonment for a period of 5 years and under Section 366 of IPC for rigorous imprisonment for a period of 5 years. 3. Learned counsel for the Applicant submits that the Applicant and the victim were in a consensual relationship. The victim, of her own free will, had eloped with the Applicant with the intention of marrying him. The first information report came to be filed and the Applicant came to be arrested on 03/02/2021. The Applicant was thereafter released on bail on 31/02/2023 after a period of two years of incarceration. The Applicant had performed the marriage with the girl on 16/10/2025. The Applicant was thereafter convicted by the judgment and order dated 30/12/2025 passed by the learned Sessions Judge is taken into custody and since then the Applicant is behind bars. It is almost 2 years 8 months that the Applicant is behind bars. The Appeal is already admitted and would take its own time for final hearing. 4. The learned counsel has placed on record a certificate issued by the Viren Mangal Karyalay where the marriage was performed by the Applicant with the complainant – victim. 5. Learned counsel further submits that the Applicant undertakes to register the marriage and obtain a certificate from the Competent Authority i.e. Gram Panchayat of the concerned village. The Applicant further undertakes to continue and maintain the subsisting marital relationship with the victim. The Applicant has already undergone incarceration for a period of approximately two years and eight months. There are no Shantanu S. Dhudum 3 501-IA-107-2026(CR).DOC allegations or complaints that the Applicant has ill-treated or harassed the victim or any of her family members. The Applicant is not having any criminal antecedents and is ready to further abide by any conditions that may be imposed by this Court. 6. Learned counsel further submits that there are discrepancies in the evidence led by the prosecution. Taking into consideration that the Complainant and the Applicant are married now. The Applicant and the complainant would file a joint application for quashing of the conviction on the ground of settlement. The application may therefore be allowed by suspending the sentence of the Applicant and he may be released on bail. 7. Learned APP strongly opposes the bail/suspension of sentence. However, she fairly concedes that the victim has solemnized her marriage with the Applicant. 8. Taking into consideration that the Applicant and the victim have solemnized their marriage and are residing together, that the marriage has been consummated, and that the victim has filed an affidavit stating that she has no objection to the release of the Applicant on bail and also confirms the performance of marriage by the Applicant with the victim. 9. The victim and the father of the Applicant are present before the Court. The victim was personally interacted with by this Court. She identified and verified her signature on the affidavit filed on her behalf. She also confirmed that she has solemnized her marriage with the Applicant and stated that the marriage has been consummated. She further Shantanu S. Dhudum 4 501-IA-107-2026(CR).DOC stated that she and the Applicant were residing together prior to his arrest on 30/12/2025. 10. Thus, taking into consideration the aforesaid facts, I am inclined to release the present Applicant on temporary bail for a limited period however upon certain conditions. Hence, the following order: ORDER I. The Applicant shall be released on temporary bail in connection with Crime No. 23/2021 registered with Shirval Police Station on furnishing P.R. Bond in the sum of Rs.50,000/- with one or two sureties in the like amount. II. The Applicant shall attend the concerned police station on every Saturday between the 11:00 to 2:00 p.m. until further orders. III. The Applicant shall register the marriage before the concerned Competent Authority and submit a certificate to that effect before this Court. IV. The Applicant shall not harass the complainant or her family members. V. A single complaint of misconduct on the part of the Applicant, or any allegation of harassment or threats to the complainant or any of her family members, shall entitle the prosecution to seek cancellation of the interim bail granted to the Applicant. 11. Put up for further consideration on the regular bail of the Applicant on 7th September, 2026. ( MEHROZ K. PATHAN, J.) Shantanu S. Dhudum