1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.240 OF 2010 In CRIMINAL APPEAL (STAMP) NO.158 OF 2010 Shri Mukhtar Ahmed Mohinuddin : Applicant (Orig.Accused no.1) V/s. The State of Maharashtra & Anr. : Respondents ... Mr.Dinesh Kadam i/b. J. Shekhar & Co., for the applicant. Ms S.V.Gajare, Addl. Public Prosecutor for the State. ... CORAM : B.R. GAVAI, J. DATE : MARCH 02, 2010. P.C.: This is an application for grant of bail. 2. The applicant has been convicted for an offence punishable under section 376 of the I.P.C. and sentenced to suffer R.I. for five years. 3. From the material on record, it appears that the prosecution is mainly based on the evidence of the prosecutrix. There is a corroboration from the evidence of her mother Jayabunissa only insofar as it states that she has taken the prosecutrix to the house of the accused. There is a delay 2 of two days in lodging the F.I.R. At least prima facie the medical evidence does not corroborate the version of the prosecutrix. 4. In that view of the matter, I am inclined to allow this application. During the pendency of this appeal, the applicant (original accused no.1) is directed to be released on bail on the same terms and conditions as were applicable during trial, however on fresh bonds. Criminal Application stands disposed of. B. R. GAVAI, J.