1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3737 OF 2009 IN CRIMINAL APPEAL NO. 546 OF 2009 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders 1. Heard Shri Mukul Kulkarni Advocate for the applicant and Shri B.V.Wagh, APP for Respondent-State. 2. The applicant seeks bail. The trail court convicted the applicant for offences punishable under Sections 376 r/w 511 of I.P.C. in Sessions Case No. 53 of 2009 decided on 7.10.2009 and sentenced him to suffer rigorous imprisonment for a period of five years and to pay fine of Rs.10,000/=. 3. There is solitary evidence of the prosecutrix about rape. The trial 2 court gave reasons in paragraphs 27 to 30 of the judgment and observed that it was a case of attempt to rape and not of rape. To that extent prosecution evidence was disbelieved. 4. Considering the facts and circumstances of the case and the age of the accused, so also the quantum of punishment, in my opinion this is a fit case to release the applicant on bail. 5. The applicant be released on furnishing bail of Rs.20,000/= with one surety in the like amount. He shall not attempt to meet or contact the prosecutrix pending the appeal. Date:10/11/2009 (P.R.BORKAR, J.) pnd/criap3737.09