1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Criminal Application No. 4294 of 2009 Bhalchandra Vithal Andhale and others ... Applicants V E R S U S The State of Maharashtra ... Respondent ... Mr. M. S. Patil, Advocate for the applicants Mr. K.M. Suryawanshi, APP for the State ... CORAM : P.R. BORKAR, J. DATE: 14th January, 2010 PER COURT : 1. This is an application for bail. The appellants / original accused have filed appeal against the order of conviction passed by the learned Additional Sessions Judge, Osmanabad in Sessions Case No. 71 of 2008 on 18th November, 2009. The applicants are convicted for the offences punishable under Sections 363, 366 and 506 read with Section 34 of Indian Penal Code and each of them is sentenced for the offences punishable under Sections 363 and 366 of Indian Penal Code to suffer rigorous imprisonment for three years and for the offence punishable under Section 506 of Indian Penal Code each of them is sentenced to suffer rigorous imprisonment for three months. 2 2. Heard Mr. M.S. Patil, learned counsel for the applicants and Mr. K.M. Suryawanshi, learned APP for the respondent / State. 3. It is case of the prosecution that Pushpa is child of 15 years of age. The threats were given by the applicants/appellants to her and the applicants also gave promise to Pushpa to marry her with applicant No.1, because of which, Pushpa left her house with applicant No.1 on 16th March, 2008. But they were caught at Shivaji Nagar Bus Stand, Pune by police, as it was disclosed by the parents of Pushpa to the police that the applicant No.1 and Pushpa left Kallam by Biloli- Mumbai Bus. 4. The applicants No. 2 and 3 are already on bail. So far as applicant No.1 is concerned, he can be released on bail, on some conditions. 5. In the result, application is allowed. Applicant No.1 Bhalchandra s/o Vitthal Andhale be released on bail of Rs.15,000/- (Rupees Fifteen Thousand only) with one surety in the like amount, pending the appeal. He shall not directly or indirectly try to contact or give any threat to any of the prosecution witnesses. He shall remain outside Kallam, pending this appeal. At the time of furnishing bail, he shall intimate full address to the concerned Police Station of his intending place of residence. As the applicant No.1 Bhalchandra is a 3 student, he is allowed to come at Kallam for the purpose of attending examination. 7. The criminal application is accordingly disposed of. ( P.R. BORKAR, J.) srm/cra/4294/09 4 5