- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 5607 OF 2009 Immanuel Dorairaj Paul ... Applicant Vs. The State of Maharashtra ... Respondent Mr. Sherali Skhan, Rajeev Marathe, for the applicant. Mr. Y. M. Nakhwa, APP for the respondent-State. CORAM: V.M. KANADE, J. DATE : 16th DECEMBER, 2009 P.C.: 1. Heard the learned counsel for the applicant and the learned APP for the State. The applicant is arrested in connection with the offence punishable under section 376, 506(1) of I. P. Code which is registered with Chatusrungi Police Station vide C. R.No. 393 of 2009. The applicant was arrested on 5-9-2009 and is in judicial custody since then. 2. The applicant is working as a professor in Spicer Memorial College, Pune. It is alleged that the applicant has committed rape on the prosecutrix over a period of two years by black-mailing her. Investigation is almost over. I have perused the complaint. The specific details about the alleged incident have not been mentioned in the complaint. The FIR is lodged almost after two - 2 - years from the incidence of rape by the applicant/accused. The domestic inquiry was initiated by the college on the complaint of the prosecutrix, and after examining the material on record an Inquiry Committee has given an opinion that the charges leveled against the applicant do not appear to be true. 3. The applicant also has filed a counter case against the husband of the prosecutrix wherein it is alleged that husband of the prosecutrix was demanding huge amount from the applicant and is threatening and black-mailing him by filing a false complaint against him. Since the investigation is almost over and the unexplained delay in filing the complaint, in my opinion, applicant deserves to be released on bail. 4. The applicant be released on furnishing P.R. Bond in the sum of Rs.5,000/- with one or two sureties in the like amount. 5. The applicant shall report to the concerned police station initially once in a week till filing of the charge-sheet and thereafter once in a month. [V.M. KANADE, J.]