1 A IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.587 OF 2009 IN CRIMINAL APPEAL NO.489 OF 2009 Shoukatali Khalil Khan & Anr. .. Applicants V/s. The State of Maharashtra .. Respondents Mr.A.M.Sarogi for the applicant. Mr.D.P.Adsule, A.P.P.for the State. CORAM : A.R.JOSHI, J. DATED : JULY 8th , 2009. P.C. Heard rival submissions for some time. 2. It is the application for bail preferred by original accused Nos.1 and 3 for their release on bail during the pendency of the appeal. Present applicants alongwith two other co-accused were convicted by the Sessions Court for the offence punishable under section 376 and allied offences. Maximum punishment awarded against applicants is 7 years imprisonment each. Reportedly, fine amount is paid. It is curious 2 to note that according to the case of the prosecutrix, a girl aged about 16 years, somewhere in November-2003 there was forcible sexual intercourse by original accused Nos.2 and 4, it amounted to a gang rape. Thereafter, after few months accused No.3 know that the prosecutrix had such sexual relations with accused Nos.2 and 4 and taking advantage of such knowledge he compelled the prosecutrix to have sexual intercourse with him. Allegedly, prosecutrix accepted his demand and still did not disclose such alleged incident even to her mother or to anybody. Such non disclosure was allegedly on account of threats of killing given by accused Nos.2 and 4. It is also a factual position that thereafter again accused Nos.2 and 4 on one occasion entered the house of prosecutrix and had sexual intercourse and again it was not disclosed by her due to alleged threats. Lastly, according to the prosecutrix present applicant accused No.1 had such sexual intercourse with her however, still there was no disclosure to anybody. Only when the nature took its course and when the prosecutrix was pregnant for about 4-5 months, her mother inquired and then the entire story of alleged rape by accused persons came to light. As such there appears to be a delay of about 5 to 6 months in lodging said complaint against four different individuals. 3. At this stage without going into the merits of the appeal or merits of the impugned Judgment and order of conviction, it is to be ascertain whether the present applicant accused Nos.1 and 3 can be released on bail when they were convicted for the offence punishable 3 under section 376 and not for the offence of gang rape. It is admitted position that during the trial present applicant were on bail and after conviction they were taken into custody. Considering the above circumstances, in the opinion of this Court on certain conditions as attendance to the local police station, present applicant can be released on bail and hence order : :: O R D E R :: i. The present application for bail filed by applicants original accused Nos.1 and 3, is allowed. ii. Applicant accused Nos.1 and 3 shall be released on bail on their executing P.R.Bond in the sum of Rs.15,000/- each with one surety for the like amount. iii. After availing the bail, applicants shall attend Ghatkoper police station on every 10th day of the month between 10.00 a.m. to 12.00 noon, till the hearing and final disposal of the appeal. iv. With these directions, the bail application, is accordingly, disposed of. 4 (A.R. JOSHI, J.)