1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.250 OF 2010 IN CRIMINAL APPEAL NO.128 OF 2010 Dattatraya Shamrao Jankar..Applicant Vs. The State of Maharashtra ....Respondent ----- Mr.Karan Bhosale i/b. Mr. Rajendra Rathod for Applicant Mrs. R.V. Newton -APP for State ----- CORAM: V.M. KANADE J. DATED: 5TH APRIL, 2010 P.C. 1. The Applicant has been convicted for the offence punishable under section 363 of the Indian Penal Code and sentenced to suffer R.I. for one year and to pay fine of Rs.500/- and, in default, to suffer further R.I. for one month. The Applicant also has been convicted for the offence punishable under section 376 of the Indian Penal Code and sentenced to suffer R.I. for 7 years and to pay fine of Rs.1,000/- and, in default, to suffer further R.I. for 3 months. Both the sentences are directed to run concurrently. 2 2. In paragraph 25 of the Judgment, the Sessions Court has observed that the marriage with the accused was performed against her will. After the appeal was admitted and while considering the bail application of the Applicant, this Court in March, 2010 had noted the submission of the learned Counsel for the Applicant, who had made a statement that the prosecutrix and the Applicant had married in 2002 and the marriage was registered on 20.3.2002 with the competent authority and that two children have been born out of the said wed-log. The documents produced in support of the said submissions, were also taken on record. In order to ascertain the factual position, temporary bail was granted for a period of one month. 3. Today the Applicant and the prosecutrix are present in the Court along with her two children. The prosecutrix has been interviewed by the learned APP for the State-Mrs. R.V. Newton and the prosecutrix has stated that she is living happily with the Applicant and they have two children out of the said wed-log. 4. In view of the said statement, the Applicant deserves to be released on bail on execution of P.R. Bond in a sum of Rs.5,000/- with one or two sureties in the like amount. 3 5. Application is disposed of. Place the appeal for further hearing on 12th of April, 2010 at the bottom of the admission board. (V.M. KANADE J.)