1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1206 OF 2009 IN CRIMINAL APPEAL NO. 1110 OF 2007 Shri Appa Sitaram Waghmare ...Applicant vs. The State of Maharashtra ...Respondent Mr.S.G. Kudle for the Applicant. Mrs.P.P. Bhosale, APP for the State. CORAM : V.M. KANADE, J. DATED : APRIL 6, 2010 P.C. :- 1 Heard Counsel for the applicant and APP for the State. 2 The applicant has been convicted for the offence punishable under Sections 363, 366, 417 and 326 of the IPC and is sentenced to undergo RI for 5 years. 3 It is submitted that the applicant is in 2 jail since 3rd October, 2007 after his conviction and prior to that, he was in jail for a period of four months as an under trial prisoner. It is submitted that the prosecutrix was 15 years of age, however, she had voluntarily accompanied the accused and on account of her age, the applicant was convicted. 4 Be that as it may, the fact that the applicant had undergone more than 50% of the sentence, the applicant deserves to be released on bail, particularly, because the appeal which is filed by the applicant cannot be heard immediately in the near future. 5 The applicant be released on bail on execution of P.R. Bond in the sum of Rs.5000/- with one or two sureties in the like amount. The applicant, however, shall report to the concerned police station as and when called. 6 Application is disposed of. (V.M. KANADE, J.)