- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO.1097 OF 2008 APPLICATION NO.1097 OF 2008 APPLICATION NO.1097 OF 2008 Chandrakant Damodar Patil ...Applicant vs. The State of Maharashtra ...Respondent Mr.Dipak Churi for the Applicant Mr.S.S.Pednekar A.P.P. for State CORAM: CORAM: CORAM: V.C.DAGA,J. V.C.DAGA,J. V.C.DAGA,J. DATE DATE DATE : APRIL 23,2008 : APRIL 23,2008 : APRIL 23,2008 P.C.: P.C.: P.C.: 1. Heard learned counsel appearing for the Applicant. The Applicant is seeking bail under section 439 of Code of Criminal Procedure,1973 in C.R.No.198 of 2007 for the offence punishable under sections 376(2), 354, 341, 506 of Indian Penal Code and under section 3(11) of the Prevention of Atrocities Act. 2. Two bail applications moved by the Applicant before the trial court and this court came to be rejected. 3. This application is moved by the present Applicant after passing the order dated 6th March 2008 by the learned Ad hoc Additional Sessions Judge-3, Palghar. Paragraph 5,6 and 7 of the said order read thus : "5. So far as the medical evidence is concerned though there is no evidence of sexual intercourse or any injury on the genital of the prosecutrix, according to me as per the - 2 - explanation given in the definition of rape under section 375 I.P.C. Penetration is sufficient to constitute the sexual intercourse. 6. Turning back on the point of allegation of rape against the present Applicant i.e. accused no.2, though there are no allegations of rape against him but according to me as he had talk with the conductor, it shows his common intention with accused No.1 to commit rape on the prosecutrix. 7. Considering all the facts and circumstances, I come to the conclusion that prima facie there is sufficient evidence that both the accused who are public servants outraged the modesty of lady passenger who was in their custody. Then the conductor committed rape on her." 4. After having seen the role of the Applicant and the allegations made in the complaint, I am not inclined to entertain this application. Application is therefore rejected. JUDGE JUDGE JUDGE