1 Cri-A-810-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 810 OF 2011 IN CRIMINAL APPEAL N0. 414 OF 2011 Mr. Santosh Suresh Modi ... Appellant (Original accused No.1) vs. State of Maharashtra ... Respondents Mr. Abdul K.Millwala,Advocate, for the appellant. Mr Y.S.Shinde,APP for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 12th September, 2011. P.C. 1. Heard. 2. The applicant seeks bail pending the appeal against conviction for the offence under Sections 376, 366A of IPC. For the offence of rape, he is to undergo R.I. for ten years. The learned Counsel for the applicant contends that he was in custody from 27.7.2007 to 23.11.2007 when bail was granted and then since 29.11.2010 when he was convicted, he is in custody. According to him, he has not misused the bail. On perusal of the judgment of the trial Court and other papers, it appears that the applicant, who is a married man and has children and who is 2 Cri-A-810-11.sxw aged about 38 years, had forcibly kidnapped the prosecutrix, who is aged just 14 years 4 months an then committed rape on her. 3. Taking into consideration the nature of offence alleged to have been committed by him and which stands proved at least by one Court, I find that it is not a fit case to grant bail pending the appeal. Therefore, the Application stands dismissed. 4. Criminal Appeal No.414/2011 be made ready and listed for final hearing as early as possible. (J.H.BHATIA,J.)