4crn3133-09 1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3133 OF 2009 Babasaheb @ Paintya R. Mager. ..Applicant. Vs. The State of Maharashtra ..Respondent. .... Mr.Ajay Patil, Advocate for the applicant. Mr.P.S. Hingorani, A.P.P. for the State. .... CORAM : A.R.JOSHI, J. DATED : 23RD JUNE, 2010 P.C. 1. Heard rival submissions for some time on this application for regular bail preferred by the applicant - sole accused. 2. Allegations against the applicant-accused are that he had forcible sexual intercourse with his own relative - a distant maternal niece. The victim girl is aged about 16 years. 4crn3133-09 2 Incident occurred at about 8:30 p.m. on 6th September, 2008. Immediately on the next date, the incident was narrated by the victim girl to her mother as on the earlier night she could not disclose anything due to fear and trauma of the incident. Immediately, a complaint was lodged to the police. Applicant came to be arrested and is in custody. Investigation is already over and chargesheet is filed. 3. During the arguments, learned Advocate for the applicant stated that there is likelihood of compromise between the parties and probably the prosecutrix-girl and the present applicant are going to marry. It is significant to note on this submission that the age of the victim girl is 16 years as recorded by the police. It is further submitted on behalf of the applicant that separate Writ Petition is filed before this Court for quashing the present criminal proceedings and same is pending for orders. 4. All the same, considering the allegations and immediate arrest of the applicant and considering the nature 4crn3133-09 3 of offence, it would not be in the fitness of the situation to release the applicant on bail during pendency of the trial. Hence, application stands disposed of as dismissed. (A.R.JOSHI,J.)