1 APPA-584.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.584 OF 2011 IN CRIMINAL APPEAL NO.375 OF 2011 IN SESSIONS CASE NO.738 OF 2010 Babu Nagappa Nule .... Applicant Vs. The State of Maharashtra .... Respondent Shri Silvin Kale for the Applicant. Shri S.A. Shaikh, APP, for the State. CORAM: R.C. CHAVAN, J. DATED: JUNE 29, 2011 P.C: This is an application for bail by the applicant who has been convicted by the learned Addl. Sessions Judge, Mumbai for the offence punishable under Section 376(2)(f) of the IPC and sentenced to suffer RI for seven years. The applicant is in jail since 31-7-2010 when the incident took place. Record and proceedings have been called and I have gone through the evidence. The learned counsel for the applicant submits that in para 21 of the judgment what the learned Judge has read as evidence of PW-1 2 APPA-584.11 Asmita is not at all stated in her evidence. Neither Asmita nor the victim had stated about any intercourse by the applicant with the victim. The learned counsel points out that all that had been stated is possibly outraging the modesty of the victim. Considering this, though the learned APP has a very strong objection, the applicant's being in custody pending the hearing of his appeal may not be necessary. The applicant be released on bail on his furnishing P.R. bonds in the sum of Rs.50,000/- with one or more solvent sureties in the sum aggregating to Rs.50,000/-. The applicant shall inform the Registry of this Court as well as the I.O. of any change in the address during the pendency of the appeal. The application accordingly stands disposed of. (R.C. CHAVAN, J.)