( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4119 OF 2009 IN CRIMINAL APPEAL NO. 590 OF 2009 Guruling s/o. Shankar Kapse .. Applicant Age. 40 years, Occ. Service, R/o. Alamala, Tq. Ausa, Dist. Latur. Versus The State of Maharashtra .. Respondent Mrs. S.S. Jadhav, Advocate for the applicant. Shri K.M. Suryawanshi, A.P.P. for respondent/State. CORAM : P.R. BORKAR,J. DATED : 07.12.2009 P.C. :- 1. This is an application for bail by the applicant, who is convicted of offence punishable under Section 376 and 363 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for seven years for offence punishable under Sections 376 of the I.P.C. and also sentenced to suffer rigorous imprisonment for five years for offence punishable ( 2 ) under Section 363 of the I.P.C. 2. Heard Adv. Mrs. S.S. Jadhav for the applicant and A.P.P. Shri K.M. Suryawanshi for respondent/State. Adv. Mrs. Jadhav stated that the facts and circumstances of the case of S. Varadrajan V/s. State of Madras, AIR 1965 S.C. 942 would be relevant in the present case. Even as per prosecution, the age of prosecutrix was 16 ½ years. 3. Adv. Mrs. Jadhav drew my attention to Exh. 57, which is copy of deposition of the prosecutrix. Therein the prosecurtix said that prior to 1 ½ months of lodging the complaint she had illicit relation with the applicant and she lived in rented house for four months at Latur. When, she left protection of her parents, it was applicant and the prosecutrix who decided that prosecutrix will join the applicant on the pretext of answering nature’s call and they would leave on motor cycle and accordingly they left for Latur, lived there as husband and wife. 4. My attention was also drawn to the statement of one Kanchan Waghmare, who was a social worker. In her presence ( 3 ) statement of prosecutrix was recorded and the prosecutrix stated that marriage was solemnized between the prosecutrix and the applicant by exchange of garlands in a temple. 5. Considering totality of the circumstances, in my opinion, this is a case where the applicant could be released on bail. Therefore, the applicant be released on bail of Rs. 20,000/- (Rupees Twenty Thousand only) with one surety in like amount. On furnishing such bail, the substantive sentence of the applicant shall be suspended pending the appeal. 6. The Criminal Application is accordingly allowed and disposed of. [P.R. BORKAR,J.] snk/2009/DEC09/cra4119.09