IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1324 OF 2008 IN CRIMINAL APPEAL NO. 1227 OF 2008 Dyaneshwar Ramji Waghmare & Ors. .. Applicants Versus The State of Maharashtra & Ors. .. Respondents Mr.Pravin V. Desai i/by Rahul S. Thakur for the applicants. Mr.Y.S.Shinde, A.P.P for the State. CORAM CORAM CORAM : A.S.OKA, J. : A.S.OKA, J. : A.S.OKA, J. DATE DATE DATE : 24th February 2009. : 24th February 2009. : 24th February 2009. P.C.: . Heard learned advocate for the applicants and learned A.P.P for the State. The applicants have been convicted for offences punishable under section 452 read with section 34, section 323 read with section 34 and section 511 read with section 376 of the Indian Penal Code. The maximum substantive sentence is rigorous imprisonment for five years for offences punishable under section 452 read with section 34 and section 511 read with section 376 of the Indian Penal Code. The application for bail is opposed by the learned A.P.P on the ground that the applicants were not enlarged on bail during the pendency of the trial. He pointed out that (2) there is evidence of identification of the applicants and even the report of the Chemical Analyser supports the prosecution case. 2. I have perused the record. It will be necessary to refer to the deposition of the prosecutrix. It must be stated here that charge was framed for offence under section 376 read with section 34 of the Indian Penal Code. However, the prosecutrix did not depose before the Court regarding commission of offence under section 376 of the said Code. The prosecutrix was not declared as hostile. In the cross examination, the prosecutrix admitted that the police patil advised her that if a complaint was lodged alleging commission of rape, the police would take cognizance. She admitted that while going to the police station, the police patil tutored her as to how to give a complaint. She reiterated that the police patil advised her to file complaint of rape. 3. Thus, the prosecutrix admitted that before she lodged the complaint she was tutored by police patil. The applicant No.1 is in jail from 22nd July 2007 and the applicant No.2 is in jail from 19th August 2007. Both of them have undergone sentence for more than one and half years. (3) 4. The learned A.P.P on instructions of concerned Investigating Officer stated that there are no antecedents of the applicants. Considering pendency of very large number of appeals in this Court, the appeal is not likely to reach final hearing till the remaining period of substantive sentence is over. Considering this fact and considering peculiar facts of the case stated above, the applicants are entitled to be enlarged on bail subject to stringent conditions. 5. Hence, application is disposed of by passing following order: (i) The applicants are enlarged on bail in the sum of Rs.10,000/- each with one or two sureties in the like amount. (ii) The applicants are enlarged on bail subject to condition of reporting to the Senior Inspector of Police of Pali police station on every first Saturday of every calendar month till the disposal of the appeal. (4) (A.S.Oka,J)