IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.660 OF 2008 IN CRIMINAL APPEAL NO.555 OF 2008 Shri Dhaktya @ Diwad Dewaji Robert )..Applicant Versus The State of Maharashtra )..Respondent ---- Mr.D.H.Kumthekar for the applicant. Mr.S.R.Shinde APP for the respondent/State. ---- Coram : R.S.Mohite,J Coram : R.S.Mohite,J Coram : R.S.Mohite,J Date : 5.8.2008. PC 1. This is an application for grant of bail. The applicant has been convicted for an offences punishable under Sections 363, 376(2)(f) read with 511 of IPC. The maximum sentence imposed upon him is of 5 years. He has already undergone 3 years out of this sentence. I have perused record & proceedings. It is seen from the record & proceedings that the evidence of Doctor indicates that hymen was intact and there was no external wounds on the private part of the child who was aged 10 years. Apart from this, though the Complainant was the girls’s mother, she admits that she was not knowing the name of the accused. Inspite of this, the name of the accused is shown in the FIR. This : 2 : may be a case under Section 354 and would be required serious consideration. 2. In the circumstances, I am inclined to grant bail. It is therefore, directed that pending the disposal of the appeal, the applicant may be released on bail in the sum of Rs.15,000/- with one surety in the like amount subject to the further condition that he will report to Kurar police station once a fortnight on every 1st and 3rd Mondays of the month till the disposal of the appeal. Application stands disposed off accordingly. Record & proceedings may be sent back for preparation of paper book. (R.S.Mohite,J) (R.S.Mohite,J) (R.S.Mohite,J)