- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO.2998 OF 2005 APPLICATION NO.2998 OF 2005 APPLICATION NO.2998 OF 2005 ............................................................. Office Notes,Office memorandum of Coram, appearances,Court’s Court’s or orders or directions Judge’s orders & Registrar’s orders. ............................................................. Mr.A.S.Rajadhyaksha for the Applicant Mr.R.Y.Mirza,A.P.P. for State CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : JUNE 20,2005. : JUNE 20,2005. : JUNE 20,2005. P.C.: P.C.: P.C.: 1. Heard Counsel appearing for the parties. An offence has been registered against the applicant punishable under Sections 363, 366 and 376 of the Indian Penal Code. The Application made by the Applicant for bail has been rejected on three grounds. The first ground is that the medical record indicates that sexual intercourse has taken place and the age of the victim at that time was 16 to 17 years. The second ground is seriousness of the crime alleged and the third ground is that since the accused is in custody priority will be given to the trial in normal course and it will be taken up on day to day basis after the charge is framed. - 2 - 2. The learned A.P.P. pointed out that the trial of the case has already started and on 18th June 2005 recording of the evidence of the prosecutrix is completed and the next date fixed is 23rd June 2005. 3. Considering the allegations made against the Applicant I find no reason to differ with the view taken by the learned Additional Sessions Judge. As stated earlier the trial has already started and is likely to be completed within a short time. Hence, Application is rejected. JUDGE JUDGE JUDGE