IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1042 OF 2009 CRIMINAL APPLICATION NO. 1042 OF 2009 CRIMINAL APPLICATION NO. 1042 OF 2009 Gaurang Vinod Doshi ...Applicant vs. The State of Maharashtra & Anr. ...Respondents Mr.Rishi Bhuta for the Applicant. Mr.S.R. Shinde, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : MARCH 4, 2009 DATED : MARCH 4, 2009 DATED : MARCH 4, 2009 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the applicant and APP for the State. 2. An offence is registered against the present applicant for the offence punishable under Sections 376, 325, 427, 504(2) of the IPC. 3. Initially, an application for anticipatory bail was filed by the applicant before the Sessions Court. The said application was rejected. Again, an application was preferred by him in the High Court. This Court in its order dated 20th March, 2007 in Criminal Application No.941/2007 has observed that prima - 2 - facie offence under Section 376 is not made out against the applicant. It is alleged that the applicant and the complainant were staying together and they had sexual relations over a period of year. It is alleged that the applicant had assaulted the complainant on or about 15th February, 2007 as a result of which, she sustained some injuries. Initially, a complaint under Sections 325, 427 and 506 Part II was registered. The application was granted by the Metropolitan Magistrate Court for the offence punishable under Sections 325, 427, 506 Part II, 326, 416 of the IPC on 29th March, 2007. Thereafter, a charge-sheet has now been filed and the offence under Section 376 has been added to the said charges which were levelled against him. 4. It is submitted that the learned Magistrate, therefore, is likely to arrest the applicant for the offence punishable under Section 376 and committed the case to the Sessions Court. It is submitted that the learned Magistrate cannot entertain the application of the applicant under Section 376 since the offence is triable by the Sessions Court, therefore, the present - 3 - application has been filed. 5. From the allegations which are made in the complaint, it is apparent that the complainant was living with the applicant for one year and had consensus sexual relations with him. Therefore, even this Court in earlier order dated 20th March, 2007 had observed that the offence under Section 376 is not made out against the applicant, under these circumstances, in my view, the applicant deserves to be released on bail who is to be produced before the Magistrate on 6th March, 2009. 6. The applicant, therefore, be released on bail in the sum of Rs.5000/- with one or two sureties in the like amount in connection with an offence punishable vide C.R.No.42/2007 registered at Versova Police Station. Initially, a cash bail be provided and thereafter, within two weeks, the applicant shall furnish sureties. 7. The application is disposed of. - 4 - (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)