1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3975 OF 2009 Sunil Kishanchand Motwani ...Applicant vs. The State of Maharashtra ...Respondent Ms.Anjali Patil for the Applicant. Mrs.S.D. Shinde, APP for the State. CORAM : V.M. KANADE, J. DATED : NOVEMBER 27, 2009 P.C. :- 1 Heard Counsel for the applicant and APP for the State. 2 The applicant was arrested on 1st June, 2009 in connection with an offence punishable under Sections 323, 376, 511 read with 34 of the IPC 2 registered with Malad Police Station vide C.R.No. 223/2009. 3 It is alleged that on 21st May, 2009 at about 10.00 p.m., daughter of the complainant disclosed to her that on 20th May, 2009 at about 3 p.m. when she had gone to the house of the applicant herein, he tried to commit rape on her when the prosecutrix ran away. So far as the complainant lodged the complaint after about 10 days i.e. on 31st May, 2009 is concerned, it is alleged that this complaint was lodged after the applicant was released on bail in another complaint which was lodged by father of the another girl who also was molested by the applicant herein. 4 It is submitted that the applicant is residing in a building where the developer wants to redevelop the said property and therefore, the said false complaint has been filed. She submitted that the medical report does not support the case of the 3 prosecution. 4 In the present case, the chargesheet has been filed. The medical report does not indicate that the applicant had sexually intercourse with the daughter of the complainant. There is a delay of almost ten days in filing the said complaint and when the said complaint was filed, the applicant was released on bail in a case where allegation was made that he had sexually molested other prosecutrix. Under these circumstances, therefore, more particularly because the chargesheet is already filed, the applicant need not be detained in jail indefinitely during the pendency of the Sessions case. 5 The applicant, therefore, be released on bail in the sum of Rs.5000/- with one or two sureties in the like amount. He shall, however, not enter the city of Malad during the pendency of the trial. He is permitted to attend the Sessions case 4 after the matter is committed to the Sessions Court. 6 The application is, accordingly disposed of. (V.M. KANADE, J.)