1 APPA 742-2011 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.742 OF 2011 IN CRIMINAL APPEAL NO.554 OF 2011 Pravin Manubhai Patel ..Applicant V/s. The State of Maharashtra ..Respondent Mr.D.H.Kumthekar, Advocate, for the Applicant Mrs.P.P.Bhosale, APP, for the Respondent - State CORAM : R.C.CHAVAN, J. DATE : 1ST JULY, 2011 P.C. . Heard the learned Counsel for the respective parties. 2. This is an application for bail pending hearing of the appeal by the applicant, who has been convicted and sentenced to R.I. for seven years by the learned Additional Sessions Judge, Sewree, Mumbai by Order dated 27th April, 2011. The victim's evidence shows that the victim 2 APPA 742-2011 admitted that she had an affair with the applicant. She also stated that on 27th April, 2010, the applicant had called her at Boston Hotel near Jogeshwari(W), Mumbai and therefore, she accompanied Kamlesh, a co- accused, who had come by Auto Rickshaw and went to the house of Kamlesh where she stayed for 8-9 days. She moved with the applicant and applicant's relations at their house for about 2-3 months and thereafter, the applicant informed the victim that since police were on look out, she may return to her house. Then a report was given. The medical evidence showed that the victim had hymen torn in position of 3, 6, 9 O' clock, old healed and the victim was 13-14 years age. The applicant was on bail through out the trial. In view of this, though the learned APP has strong objection, considering the fact that the appeal is not likely to be taken up for hearing in the near future and nature of allegations made as also the fact that the applicant was on bail 3 APPA 742-2011 throughout the trial, applicant be released on furnishing fresh bonds in the same amount on which he was admitted to bail pending trial. (R.C.CHAVAN, J.)