IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINALAPPLICATION NO. 1204/2008 Gajanan Satwa Shinde vs. State of Maharashtra -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders. CORAM : S.R.DONGAONKAR, J DATED : 28 th APRIL, 2008. Criminal Application NO. 1205/08 Heard Shri H.D.Dubey, Advocate, for the applicant. Learned counsel for the applicant states that the application has been drafted as per the say of the applicant and he is in jail. Hence, filing of the affidavit is dispensed with. Application stands disposed of. Criminal Application No. 1204/08 Heard Shri H.D.Dubey, Advocate, for the applicant and Shri Parihar, A.P.P. for respondent State. This is an application under Section 439 of Cr.P.C. for grant of bail. The accused/applicant is facing trial for the offence under Section 376 of the IPC in Crime No.66/07 of Police Station, Umarkhed. The applicant is alleged to have committed rape on a minor girl of 7 years namely Bushar Bano. Learned counsel for the applicant has pointed out that in the report lodged by her father i.e. Sheikh Mohammad, there is no mention of the name of the accused as an offender despite his name was disclosed to him by the witness Ismailkhan, who stated before the Police that in his presence accused had taken away the said Bano on his bicycle, where after the offence is alleged to have been committed. No doubt, the contentions raised by the learned counsel for the applicant merits consideration , but fact remains that in the medical examination of the prosecution which took place immediately after the incident and also on 19.7.2007, the bleeding from private part of the prosecutrix was noticed. The Medical Officer Dr. Sarita Thakare, in her report, dated 19.7.2007 has observed that there was injury over the private part which was sutured . According to her, there was forcible vaginal penetration. Learned counsel for the applicant has also brought to my notice that there is discrepant version as regards the colour of the pant noticed by Ismail some time prior to incident and those were seized from the accused. All the same, there appears no sufficient reason for the prosecutrix to implicate the applicant falsely and there is medical evidence supporting her version. As such the bail cannot be granted. However, the applicant is granted liberty to move for bail if the trial does not commence within three months from today. The learned trial Judge is directed to expedite the matter and dispose of the trial of the applicant as early as possible in any case within a period of three months from today. Inform lower Court. Application stands disposed of. JUDGE Rvj