((-1-)) mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.37 OF 2009 IN CRIMINAL APPEAL NO.17 OF 2009 Vidyadhar Laxman Shedge Applicant versus State of Maharashtra Respondent Prakash Naik for the applicant. Y.S.Shinde, APP for the State. CORAM : A.S.OKA, J. DATE : 30th January 2009 PC : 1. Heard advocate for the applicant and learned APP for the State. The conviction of the appellant is for the offence punishable under section 376 of the Indian Penal Code. The substantive sentence is seven years of rigorous imprisonment. Fine of Rs.5,000/- has been deposited. The applicant was on bail during pendency of the trial. 2. I have perused the notes of evidence and other documents on record of the Trial Court. The first incident alleged by the prosecutrix is of 9th April 2005. She stated in her ((-2-)) deposition that the accused used to commit sexual intercourse with her four to five times in a month. Her case is that her physical relationship with the applicant continued till 29th December 2005. Her case is that lastly on 29th December 2005, the applicant committed sexual intercourse with her. After she noticed that she had become pregnant, she informed her parents. Her father thereafter met the applicant in his house. Her case is that initially the applicant showed willingness to marry with her but later on he declined. The FIR was lodged on 9th January 2006. The case of the prosecution is that on 7th August 2006, the prosecutrix delivered a female child. 3. The report of the DNA test is on record. The opinion is that the applicant is not the biological father of the child. Prima facie, it appears to me that the opinion of DNA test affects the genuineness of the case of the prosecutrix. Considering the peculiar facts of the case, pending final disposal of the appeal, the applicant deserves to be enlarged on bail. 4. Hence I pass following order :- ((-3-)) (a) The applicant shall be enlarged on bail in the sum of Rs.10,000/- with one or two sureties in the like amount; (b) The bail is granted subject to condition that till final disposal of the appeal the applicant will report to Roha Police Station once in every calander month. (A.S.OKA, J.)