1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO.1181/2009 (Vilas Vasantrao Pathare..vs.. State of Maharashtra ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- CORAM : S.R.DONGAONKAR, J. DATE : 22nd JUNE, 2009 Heard Shri Kariya, advocate for applicant and Shri Sonare APP for state. This is an application under section 439 of Cr.P.C.,for grant of bail. Matter was adjourned for receipt of the D.N.A. Report. On perusal of the said DNA Report it seems to be positive against one Balu Ramkrishna who has not applied for bail. Same is not positive against the present applicant. D.N.A.Test does not implicate the present applicant, however the FIR and the statements of the witnesses and girl who was raped, namely Savita who is deaf and dumb and whose statement was recorded in presence of panchas wherein she has accused this applicant for rape. It is the case that only one person committed rape, but it is alleged that all the 3-4 persons including present applicant had by rotation committed rape. In these circumstances, merely because DNA report is not positive, in respect of the applicant, that would not entitle him for bail. As such application is rejected. However, liberty to the applicant to move for bail, if the trial does not commence within 3 months from today as prima faice there appears no ground for false implication of the 2 applicant. Learned trial Judge to expedite the matter, in any case charge be framed within 15 days and the trial be held on day- to-day basis. The observations made above are prima facie view of the matter and they shall not influence the learned trial Judge any way while deciding the sessions trial on merits. JUDGE SMP