Ladda IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 437 OF 2009 IN CRIMINAL APPEAL No.380 OF 2009 Daivat Liladhar Joshi .. Applicant. vs. The State of Maharashtra ..Respondent. Harshad Bhadbade for the applicant. Ms M.H. Mhatre, A.P.P.for the State. CORAM: A.R.JOSHI,J. DATE : 08TH MAY,2009. P.C.:- 1. It is the application for bail preferred by the applicant, convicted accused, on 27.2.2009 for the offence punishable under Section 376 of the Indian Penal Code and was sentenced to suffer R.I.,for three years and fine of Rs. 500/- in default S.I., for four months. During the trial, reportedly accused was on bail. Even, after the conviction he was on interim bail till March, 2009. Thereafter, it was extended once. After hearing rival submissions for some time and considering the substantive evidence of the prosecutrix girl, aged about 17 and half years at the time of incident, it appears that she had love affair with the accused for prior three years and there were sexual relations between them by consent when such relation came to the light and known to the villagers, a meeting was held and it was decided by community people that the prosecutrix and the complainant may be married with each other. Allegedly, this was not accepted by the accused and as such complaint was lodged. 2. Considering the above circumstances, in the opinion of this Court, when appeal has already been admitted by this Court, the applicant can be released on bail. 3. In the result, the applicant shall be released on bail on his executing P.R. Bond in the sum of Rs.15,000/- with one surety in the like amount to the satisfaction of the trial Court. 4. Authenticated copy of this order be given to the applicant during the course of the day. A.R.JOSHI,J.