1 APPA 771-2011 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.771 OF 2011 IN CRIMINAL APPEAL NO.321 OF 2011 Shilappa Genappa Bhande & ors .Applicants V/s. The State of Maharashtra .Respondent Mr.Ganesh Mohite, Advocate, for the Applicants Mr.S.A.Shaikh, APP, for the Respondent - State CORAM : R.C.CHAVAN, J. DATE : 28TH JULY, 2011 P.C. . Heard the learned Counsel for the respective parties. 2. This is an application for bail by three persons, who have been convicted of gang rape by the learned Additional Sessions Judge, Solapur. The learned Counsel for the applicants is right in submitting that though the first informant had stated in her deposition that the accused persons were residing in the same village and one of the 2 APPA 771-2011 accused Shilappa has field adjacent to the field of Advocate Habib where the prosecutrix and her husband were serving as labours, the prosecutrix has not named the miscreant in the FIR. She had stated that they were unknown persons. She had stated in her deposition that while committing rape handkerchief tied on one of the accused person was loosened. Therefore, she could see his face. She had categorically stated that all the accused persons were acquainted to her, since prior to the incident. Therefore, ordinarily she should have named them in the FIR. The learned Counsel for the applicants also submits that the applicants have been falsely involved because of some dispute of Shilappa with Advocate Habib in whose field the prosecutrix and her husband were serving as labourers. All this would require consideration at the time of appreciation of evidence while hearing the appeal. The applicants were not on bail during the trial. 3 APPA 771-2011 There is no reason to admit them to bail now. Since R & P is received and compilation of evidence has already been filed, the applicant may get compilation verified and have the paper book compiled. 3. List the matter for final hearing. (R.C.CHAVAN, J.)