1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1237 OF 2008 IN CRIMINAL APPEAL NO.1146 OF 2008 Tanaji Ananda Gaikwad ..... Applicant. V/s State of Maharashtra ...... Respondent. ---- Mr. Iqbal Solakar for the applicant. Mr. D.P. Adsule, APP for the State. ----- CORAM: V.M. KANADE, J. DATE : 3rd December, 2008 P.C.: 1. Heard the learned Counsel appearing on behalf of the applicant and the learned APP appearing on behalf of the State. 2. Applicant has been convicted for the offence punishable under sections 376 and 450 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for seven years. Applicant has already undergone 9 months of sentence. Appeal is not likely to come up for hearing for some time. Trial Court has convicted the applicant only on the basis of the statement of the prosecutrix. Husband of the prosecutrix who was sleeping next to her when the alleged incident took place has not supported the prosecution case. Prosecution has also not examined the doctor and, therefore, statement of the prosecutrix is not corroborated by medical evidence also. Under these circumstances, therefore, the applicant is entitled to be released 2 on bail. 3. Applicant be released on bail in the sum of Rs 5000/- with one or two sureties in the like amount. Applicant shall report to Worli Police Station once in a month. 4. Application is disposed of. (V.M. KANADE, J.)