- 1 - 785.07 rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CRIMINAL BAIL APPLICATION NO.1473 OF 2010 in CRIMINAL APPEAL NO.785 OF 2007 Sameer Ramazan Nadaf .. .. Appellant (Orig.Accd) vs The State of Maharashtra .. Respondent Mr.Rakesh Bhatkar for Appellant Mr.S.A.Shaikh APP for Respondent-State CORAM: N.D.DESHPANDE, J DATE: 24th February,2011 P.C. 1. Heard both sides. This is a bail application pending appeal on behalf of the accused who is convicted and sentenced to suffer 7 years R.I.for the offence punishable under sections 342, 506,376, and fine of Rs.500/- for committing offence under section 377 IPC. The total sentence is of 14 years i.e. 7 years each, though were directed to run concurrently. The main - 2 - 785.07 contention of the learned counsel for the appellant is that there is no medical evidence to substantiate the charge of rape or any sexual offence as alleged. It was also pointed that identification parade evidence is also discarded for certain reasons. Lastly, it was submitted that he is in custody for last 3 1/2 years in so far after his conviction was ordered. Prior to that he was on bail during trial. 2. I have gone through the impugned judgment and order so also the relevant evidence. Paper Book is ready and available. 3. From the record it is seen that the accused was arrested on the same evening i.e. 26.4.2005 as alleged on the date of incident between 12.30 p.m. To 12.45 p.m. The victim girl gave evidence in detail referred to the accused as the culprit. - 3 - 785.07 Accused s clothes were also seized on the same day and were sent to the Chemical Analyst. The girl was subjected to medical examination. The C.A.report is also on record. There are blood stains and semen stains. The impugned judgment has also discussed in detail about the incriminating evidence and circumstances against the accused. There is immediate medical report in detail giving all the necessary particulars about the act and details of the incident which also includes description of the clothes of the accused and physical features. The accused came to be identified and accosted immediately with the help of known persons who were known to the prosecutrix and to the accused as well. It is seen that the victim girl was given threats and was forced, to which she surrendered. 4. For all the reasons given above, there - 4 - 785.07 is no case made out on merits for grant of bail. So far the accused has undergone custody period of 3 1/2 years as told and this could only be taken into consideration for expediting his appeal. 5. The custody period of 3 1/2 years in prison by the accused is taken into consideration and therefore hearing of the Appeal is expedited and hence, not considered for grant of bail. Application disposed of. N.D.Deshpande, J - 5 - 785.07