1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.463 OF 2010 IN CRIMINAL APPEAL NO.11 OF 2010 Ashokkumar Mohilal Jaiswal ..... Applicant. V/s The State of Maharashtra ...... Respondent. Mr. S.G. Rajput for the applicant. Mrs. S.V. Gajare, APP for the State. CORAM: V. M. KANADE, J. DATE : 22ND APRIL, 2010 P.C.:- 1. Heard the learned Counsel appearing on behalf of the applicant. 2. Applicant has been convicted for the offence punishable under section 376 of the Indian Penal Code and is sentenced to suffer rigorous imprisonment for seven years. Applicant is in jail since last one year. Apart from the statement of the prosecutrix who was 20 years of age on the date of incident, there is no other material on record. The evidence of the doctor who was examined by the prosecution also shows 2 that there were no injuries on her private parts and there were minor abrasions on her hand. According to the applicant, the prosecutrix had given consent to the said act. 3. Firstly, the appeal is not likely to be heard immediately in near future. Secondly, there is no other material on record besides the statement of the prosecutrix. Thirdly, the applicant has already undergone one year of sentence. In my view, therefore, applicant deserves to be released on bail on certain conditions being imposed upon him. 4. Applicant 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 jurisdiction of Vakola and Santacruz Police Station or make any attempt to meet the prosecutrix or her husband and other family members. If any complaint is received, his bail will be canceled. Applicant shall give his new address and shall report to the nearest Police Station from his new residence once in a month. 5. Application is disposed of. (V.M. KANADE, J.) 3