1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR Criminal Application No.1074/2010 Firoz Khan s/o Rashid Khan Vs. State of Maharashtra =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Office Memorandum of Coram appearances, Court's orders or directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Mr. A. M. Rizwy, Advocate for the applicant. Mrs. Taiwade, APP for the respondent. C ORAM : A. P. BHANGALE, J. DATED : 9th SEPTEMBER, 2010. 1] Heard. 2] Perused reply filed by the prosecution, as also the material collected during the investigation. 3] It appears from the statement of minor prosecutrix, aged about 10 years that when she and her family members after taking dinner went for sleeping in the courtyard of the house, the prosecutrix was sleeping near her mother while her sister and brother were also sleeping. At about 11.30 p. m. the applicant Firos Khan jumped in the courtyard from over the wall of their house. He untied the knot of her salwar and attempted to commit rape. By means of knife, he attempted to assault the prosecutrix and, in the result, injury was caused on the buttock of prosecutrix. Thereafter he threatened the complainant to assault her and ran away. 2 4] Learned counsel for the applicant contended that it was only attempt to commit rape and no rape was committed as such and, therefore, the applicant be granted bail. Learned counsel relied upon ruling in the case of Guddu @ Santosh Vs. State of Madhya Pradesh : 2009 STPL (LE) 42040 SC in order to contend that in such case the proper sentence was considered as imprisonment for five years. 5] Learned A. P. P. objected for grant of bail to the applicant. 6] Be that as it may, for an attempt to commit rape, it cannot be disputed that proper sentence would be imprisonment for five years if that is so it is long sentence of imprisonment. 7] I have considered the nature of accusation, as also allegation that the applicant was armed with knife at the time when he tried to sexual intercourse to the prosecutrix. 8] I have considered the submissions advanced by the learned counsel for the applicant. Learned Counsel states that there was amicable settlement between the parties and by filing affidavit in front of the Executive Magistrate, Anjangaon Surji, I think that the plea for bail on merits can be considered after deposition of the prosecutrix is recorded by the trial Court. Considering the serious nature of accusation and prospective sentence, I am not inclined to grant bail to the applicant. Moreover, C. A. report is also still awaited. However, considering the nature of offence, the learned Trial Judge concerned is directed to give priority to this case and dispose of it as early as possible possible and may consider bail application of the applicant after deposition of 3 prosecutrix is recorded in the trial Court. The prosecution to examine the prosecutrix as P.W 1. 9] In the above terms, the application is disposed of accordingly JUDGE Ambulkar.