1 APPA-1112-1189-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 1112 OF 2011 IN CRIMINAL APPEAL NO. 1045 OF 2011 WITH CRIMINAL APPLICATION NO. 1189 OF 2011 Mr. Sandeep Deoram Hande ... Applicant vs. State of Maharashtra ... Respondent CRIMINAL APPLICATION NO. 1189 OF 2011 The State of Maharashtra .. Appellant vs. Sandeep Devram Hande .. Respondent And Smt. Archana Khadapkar .. Intervner/applicant Mr. Sandeep K.Shinde,Advocate, for the applicant (in APPA No.1112/2011 in Appeal No.1045/2011) Mr. H.M.Inamdar, for Intervener. (in APPA No.1189/2011 in AppealNo.1124/11) Smt. P.P.Shinde, APP, for the respondent State. (in APPA No.1112/11 & in Appeal No.1045/2011) for the appellant in Appeal No.124/11) CORAM: J.H.BHATIA,J. DATE : 3rd October, 2011. P.C. 1. Heard. The Application No. 1189/2011 for intervention by the 2 APPA-1112-1189-11.sxw original prosecutrix is allowed and stands disposed of. 2. The accused/appellant seeks bail pending the appeal against conviction for the offence punishable under Sections 376 and 506 of IPC and sentence of R.I. for seven years and one year respectively. The applicant is in custody since 3.6.2009. 3. It appears that though the incident had occurred on 19.5.2009, report of the incident was lodged on 28.5.2009. Thus, there is delay of about 9 days in lodging the report. Because of the delay, medical evidence could not be available. The statement of the employer of the prosecutrix was recorded four months after the incident. 4. Taking into consideration the facts and circumstances and the serious allegations made against the prosecutrix by her husband in previous matrimonial dispute, in my opinion, it is a fit case to grant bail pending appeal. 5. The applicant be released on his executing P.R. of Rs.25,000/- with one surety in the like amount with condition that he shall attend the Kasarwadvali Police Station on 1st and 15th of every month between 6 to 8 p.m. 3 APPA-1112-1189-11.sxw till disposal of the appeal. Application stands disposed of. (J.H.BHATIA,J.)