1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 265 OF 2010 IN CRIMINAL APPEAL NO. 544 OF 2007 Ratish @ Satish @ Lamba Shankar Patil ...Applicant Vs. The State of Maharashtra ...Respondent ----- Ms.Anjali Patil for Applicant Mr. A.S. Shitole -APP for State ----- CORAM: V.M. KANADE J. DATED: 29TH APRIL, 2010 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicant. 2. The Applicant has been convicted for the offence punishable under sections 363 r/w. 366 and 376 (2) (f) and sentenced to suffer R.I. for 10 years. 3. It is submitted that the Applicant has already undergone 4 years and five months of the said sentence. 2 4. The learned Counsel for the Applicant submitted that there are several discrepancies in the statements of the mother of the prosecutrix and the prosecutrix herself. It is submitted that the mother of prosecutrix has stated that when she took the girl to the doctor, she informed him that on account of a fall from the tree, the prosecutrix had suffered the said injury. It is also submitted that both the prosecutrix and her mother had admitted in the cross examination that the accused and her mother were on enemical term. It is submitted that the Applicant therefore, be released on bail. 5. After having perused the evidence of the mother of the prosecutrix and the prosecutrix herself, in my view, no case is made out for grant of bail on merits. The Applicant, however, is granted liberty to apply for bail after 50% sentence is over. 6. Application is disposed of. (V.M. KANADE J.)