((-1-)) MST IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.349 OF 2008 IN CRIMINAL APPEAL NO.48 OF 2008 Tanaji Sambhaji Amarale Applicant versus The State of Maharashtra & anr. Respondents Mrs.Anita A. Agarwal for applicant. S.S.Shinde, APP for respondent. CORAM : A.M.KHANWILKAR, J. DATE : 9th April 2008 PC : 1. Heard counsel for the parties. Perused the relevant materials on record in particular the medical evidence which clearly indicates that the prosecutrix was pregnant for nine months and delivered a child on 20th August 2005. It necessarily follows that the prosecutrix had intercourse much prior to 4th February 2005 and 21st February 2005. It is also noticed that the applicant was on bail during pendency of the trial. The incident in question complained of in the FIR is of 4th February 2005 and 21st February 2005, whereas, the FIR has been registered on ((-2-)) MST 22nd August 2005. The circumstances which have come on record about the conduct of the prosecutrix before registration of the FIR on 22nd August 2005 also creates doubt about the prosecution case and probability of applicant’s defence that he has been falsely implicated. As the appeal preferred by the applicant/appellant has already been admitted and it is unlikely that the appeal will be heard immediately in the near future and that there are no other antecedents against the applicant, in the interest of justice, the applicant is ordered to be released on bail on following conditions, as also reliefs in terms of prayer clause (b) of the application as prayed for will have to be granted : (a) The applicant shall be released on bail in connection with Sessions Case No.49 of 2006 tried before Ad-hoc Additional Sessions Judge, Satara, if not required in any other criminal case, on executing bail bond in the sum of Rs.15,000/- (Rs.Fifteen thousand only) with one or two local sureties in the like sum, till disposal of Appeal. (b) The applicant shall deposit passport, if any, with the Senior Police Inspector of the concerned ((-3-)) MST Police Station within three weeks from the date of his release, which will be retained by the said officer till further order to be passed by this Court. In case, the applicant does not have any passport or has already deposited the same with one authority, shall file affidavit to that effect within three weeks from the date of his release in this Court. (c) The applicant shall report to the Wai Police Station twice a month on first and third Mondays of every English calender month between 10.00 a.m. to 01.00 p.m.; (d) The applicant shall not leave the jurisdiction of Thane and Greater Mumbai Districts without prior permission of this Court; (e) The applicant shall inform his latest place of residence immediately after being released and/or change of residence, if any from time to time, not only to the Registry of this Court but also to the Wai Police Station where he would report. Ordered accordingly. ((-4-)) MST (A.M.KHANWILKAR, J.)