1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 794 OF 2009 WITH CRIMINAL APPLICATION NO. 882 OF 20009 IN CRIMINAL APPEAL 794 OF 2009 Ramshankar Kesho Choudhari .. Applicant V/s The State of Maharashtra and another .. Respondents Shri Jehangir Choudhari for the Applicant Mrs. S. V. Gagare, APP for the Respondent-State CORAM: MRS. MRIDULA BHATKAR, J. DATED: 14th October, 2009 P. C. 1. Heard. 2. This appeal is preferred challenging the order of conviction passed by the learned Additional Sessions Judge, Greater Bombay dated 10.6.2009, thereby punishing the appellant accused for the offence punishable under Sections 366 to suffer rigorous imprisonment (RI) for five years and to pay fine of Rs.3000/-, in default to suffer R.I. for one year and for the offence punishable under Section 376(1) of the IPC, sentenced to surfer R.I. for seven years and to pay fine of Rs.5000/-,in default suffer R.I. for two years. 3. Appeal is admitted. 4. The appellant accused has preferred application for bail. Learned Counsel appearing for the applicant accused submits that the applicant accused was in jail through out the trial. The prosecutrix and 2 the accused knew each other. They were working at the same place and at the time of incident, the prosecutorix was 21 years old. It is submitted by the learned counsel that both of them travelled in Rickshaw to Malad Beach and in one cottage the incident has taken place. 5. Considering the submissions, the facts therein and the evidence adduced, the applicant accused is released on bail of Rs. 20,000/- (Rupees twenty thousand) with one surety of the like amount. 6. Learned counsel for the appellant accused prays that temporarily, cash bail be accepted. 7. The accused is allowed to furnish cash bail of Rs. 20,000/- temporary till 5th November, 2009. 8. The Bail application is disposed of accordingly. (MRIDULA BHATKAR,J.) jpc/-