[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.991 OF 2007 IN APPEAL NO.807 OF 2007 Sanjay Kisan Ghanwat ..Applicant Vs. State of Maharashtra ..Respondent ... Mr.Vikas Shivarkar for Mr.Sachin Thombare advocate for applicant Mr.Y.S.Shinde A.P.P. for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : JUNE 12, 2008 DATE : JUNE 12, 2008 DATE : JUNE 12, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the applicant-original accused no.1 and the learned A.P.P. for the State. 2. The applicant has been convicted under Section 376 of IPC and sentenced to imprisonment for three years. The applicant is now seeking bail. 3. The learned advocate for the applicant submitted that the applicant was on bail during the trial and he has not misused the liberty granted to [-2-] him. This statement is not controverted by the prosecution. The learned advocate further submitted that the sentence imposed on the applicant is only three years and the appeal preferred by the applicant is not likely to be heard within nearfuture. Admittedly the prosecutrix was 17 years at the time of the incident. There is delay of 9 months in lodging the complaint and the delay has not been explained. On perusal of the evidence, it is seen that the incident of rape had taken place in the month of January, 2004. Thereafter, the prosecutrix became pregnant. Four months after the incident an abortion came to be performed. At that time, the mother of the prosecutrix and the accused had accompanied the prosecutrix to the hospital where the abortion came to be performed. The complaint came to be lodged after five months after the abortion came to be performed. As observed earlier, no reasonable or plausible explanation in respect of delay in filing the complaint, has been given. Hence, I am inclined to grant bail to the applicant. 4. The applicant-Sanjay Kisan Ghanwat to be [-3-] released on bail in the sum of Rs.30,000/- (Rs.thirty thousand only) with one or two sureties to make up the said amount. The applicant to report to Chakan police station once in a fortnight till the disposal of the appeal. 5. Application is disposed of. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]