1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1029 OF 2008 IN CRIMINAL APPEAL NO.642 OF 2008 Santosh Bhausaheb Pawar ....Applicant. (Original accused) V/s The State of Maharashtra (Through Shirur Police Station) ..... Respondents. ----- Mr. Abhaykumar Apte for the applicant. Mr. Rajesh More, APP for the State. ---- CORAM: V.M. KANADE, J. DATE: 16th October, 2008 P.C.: 1. Heard the learned Counsel appearing for the applicant and the learned APP for the State. 2. Applicant has been convicted of the offence punishable under section 366 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for seven years. 3. It is the case of the prosecution that the prosecutrix was 15 years and 6 months old when the applicant had committed the said offence of rape. It is further alleged that the prosecutrix came back to her house after 2/3 days and, thereafter, a complaint was lodged. In the cross-examination of the complainant, he has admitted that there was a meeting between Dasharath Pawar, Vithal Jagadale, Dayanand Pawar, Dnyaneshwar Shitole and the complainant regarding marriage 2 between accused and the prosecutrix and, in the meeting, Dnyaneshwar Shitole had proposed that the accused should transfer land in the name of the prosecutrix and, thereafter, should marry her. The Trial Court has observed that it is not brought on record as to when the said meeting had taken place i.e before or after the incident. According to the applicant, the prosecutrix was more than 16 years of age. It has also come on record that the complainant used to call the accused as “Javaibapu” (son-in-law). It is the case of the prosecution that, on the date of the incident, the applicant had insisted that the prosecutrix should come with him on his motor-cycle and reluctantly she had accepted that proposal. 4. Taking into consideration all these facts and circumstances of the case, in my view, applicant has made out a case for grant of bail. If it is established in the appeal that the prosecutrix was more than 16 years of age and that she had given her consent, the accused may possibly succeed in the appeal. Appeal is not likely to be heard for quite some time. Applicant is the only earning member in his family. He was 25 years of age at the time of incident. 5. Under these circumstances, applicant be released on bail in the sum of Rs 5000/- with one or two sureties in the like amount. Applicant shall report to Shirur Police Station, once in a month. 6. Application is accordingly disposed of. (V.M. KANADE, J.)