1 Ladda IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.381 OF 2009 IN CRIMINAL APPEAL No.914 of 2008 Mr Kisan Vishnu Malkute ..Applicant. vs. The State of Maharashtra. ..Respondent. Mr Mr D. Talukdar Advocate for the applicant. Mr A.S. Shitole, A.P.P.,for the State. CORAM: : A.R. JOSHI,J. DATE : 25.06.2009. P.C.:- 1. Heard rival submissions for some time. It is the application for bail during the pendency of the appeal filed by accused No.2. Accused is charged and convicted for the offence of gang rape. Total five accused were convicted. Total sentence imposed against the applicant – accused No.2 is of ten years and fine. After hearing the matter at length and after perusing the evidence of the prosecutrix 2 and that of the test identification parade, at the end of the arguments when the Court started dictating the order, it is prayed on behalf of the applicant for withdrawal of the application. However, considering the matter at hand, it is decided by this Court to dispose of the application on merits. 2. Admittedly, during the trial the appellant- accused no.2 was not granted bail. The said incident occurred on the night of 20.11.2005 when the victim girl was on the border line of majority i.e., between 16 to 18 years, was taken away by accused no.1 and the present applicant on the motor cycle in the isolated area of Kothrud, Pune and after having forcible sexual intercourse with the girl she was taken to another place and again along with other co- accused similar such type of offence was committed against her. 3. Considering the above, in the opinion of this Court, it is not fit case in which during the pendency of appeal present appellant accused No.2 can be released on bail. Hence, the present application is dismissed and disposed of accordingly. (A.R.JOSHI,J)