IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 643 OF 2008 CRIMINAL APPLICATION NO. 643 OF 2008 CRIMINAL APPLICATION NO. 643 OF 2008 IN IN IN CRIMINAL APPEAL NO. 547 OF 2008 CRIMINAL APPEAL NO. 547 OF 2008 CRIMINAL APPEAL NO. 547 OF 2008 1) Shri Basavraj Gangappa Daranyodar 2) Bashir Lalasab Shaikh ...Applicants (Orig.Accused Nos.1 & 2) vs. The State of Maharashtra ...Respondent (Orig.Complainant) Debajyoti Tulukdar for the Applicants. Mr.D.P. Adsule, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : OCTOBER 20, 2008 DATED : OCTOBER 20, 2008 DATED : OCTOBER 20, 2008 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the applicants and APP for the State. 2. The applicants have been convicted under Section 376 of the IPC. 3. It is the prosecution case that the prosecutrix and her friend Vijay were sitting on the military ground and at that time, two persons in military uniform asked them to leave the military ground. The prosecutrix got afraid and therefore, she ran inside the military - 2 - ground. She was chased by two persons who were in military uniform and they caught her and thereafter, they committed rape. The trial court has convicted both the applicants for the offence punishable under Section 376 and sentenced them to suffer RI for 10 years. 4. Counsel for the applicants submitted that the prosecutrix has turned hostile and did not support the prosecution case. She has further stated in her evidence that Vijay also was not with her when the alleged incident took place. The trial court has, however, relied on the evidence of Vijay and convicted the applicants. Counsel for the applicants submits that this is a fair chance in succeeding in the appeal and the applicants be released on bail since otherwise, the appeal is not likely to be heard for quite sometime. 5. The learned APP, on the other hand, invited my attention to the finding recorded by the trial court. He submitted that the trial court was justified in relying on the statement of Vijay who was present when the incident took place. He submitted that apart from - 3 - the prosecutrix there was a witness who stated that the Vijay was present at the place where the incident took place. 6. In my view, since the appeal is not likely to be heard for sometime and secondly, since the prosecutrix herself has turned hostile and has not supported the prosecution case, the applicants are entitled to be released on bail. 7. The applicants be released on bail in the sum of Rs.5000/- each with one or two sureties in the like amount. The applicants shall report to the police station as and when called for. 8. Application is disposed of. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.) .