1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4600 OF 2008 Mahadev Peru Kardge ..... Applicant. v/s The State of Maharashtra ...... Respondent. ------ Mr Kiran C. Shirguppe for the applicant. Mrs. M.H. Mhatre, APP for the State. ------ CORAM : V.M. KANADE, J. DATE : 30th January, 2009 P.C.:- 1. Heard the learned Counsel for the applicant and the learned APP for the State. 2. Applicant has been arrested in connection with the offence punishable under section 376 of the Indian Penal Code which is registered at Kurunwad Police Station vide C.R. No.50 of 2008. 3. Applicant is a brother- in-law of the prosecutrix., It is alleged that while the prosecutrix was fast a sleep, he came and committed rape on her and when she got up, she realized that the person who was having intercourse was not her husband and she saw the applicant's face in the electric lamp which was burning in her room. 2 4 Charge-sheet has been filed. Trial is not likely to begin in near future. Continued detention of the applicant, therefore, in my view, is not necessary since charge- sheet already has been filed. Apart from the statement of the prosecutrix, there is no other material on record. No external or internal injuries were found on the person of the prosecutrix. 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, however, shall not enter the jurisdiction of Kurunwad Police Station, pending the hearing and final disposal of the trial. Applicant shall give his new address to the Superintendent of Jail and shall report to the nearest Police Station from his new address once in a month. 6. Application is disposed of. (V.M. KANADE, J.)