1 jpc/- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 923 OF 2009 WITH CRIMINAL APPLICATION NO. 1047 OF 2009 Savio @ Sunny Deepak Rajpuri .. Appellants Vs. The State of Maharashtra and another .. Respondents (At the instance of Cuffe Parade Police Station, Mumbai) Shri S.G. Rajput i/b Shri B. G. Rajput for the Appellants/Applicants Shri J. P. Kharge, APP for the Respondent-State CORAM :SMT. MRIDULA BHATKAR, J. DATE : 22nd September, 2009. P. C. 1. Heard. 2. This appeal is filed against the judgment and order dated 25th August, 2009 passed by the Additional Sessions Judge, Mumbai, convicting the accused under Section 363 of the Indian penal Code and sentenced to suffer rigorous imprisonment for five years and fine of Rs. 2000/-. 3. Learned Counsel appearing for the appellant /accused 2 has submitted that the age of the prosecutrix was above 19 years at the time of commission of offence. Leave to amend the appeal as regards age of the prosecutrix is granted. 4. Appeal is admitted. 5. It is submitted by learned counsel for the applicant accused that from the date of arrest i.e. from 21st March, 2009 the applicant accused is in jail. The accused was granted bail of Rs.25,000/- after the arrest, however, he could not avail the bail due to poverty. He submits that from 28.8.2008 the complainant and the original accused have stayed together and prayed that the appellant accused be released on bail. 6. Considering the facts and circumstances and the evidence before the Court, the applicant accused is released on bail of Rs.10,000/- (Rupees Ten Thousand only) with one surety of like amount. 7. Bail application is disposed of accordingly. (MRIDULA BHATKAR, J.)