1appln-2484-10 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION No.2484/2010 Suresh Sitaram Shinde v. State of Maharashtra Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s orders Mr Kedar J Patil, for the applicant. Mr S. N. Gavade, A.P.P.,for the State. CORAM:- A.R. JOSHI, J. DATE :- 22nd JUNE, 2010. P.C.:- 1. Heard rival submissions for some time today and also at length on earlier date on this application for anticipatory bail preferred by the applicant - accused who is apprehending arrest in CR No.194/2010 registered with Satara City Police Station, District Satara for the offences punishable under Sections 376, 504, 506 of I.P.C. 2. F.I.R. is filed by the mother of victim girl on 2.4.2010 for the alleged incident of rape committed on the victim girl by the present applicant about a month earlier. Such incident allegedly occurred at some room. . 2appln-2484-10 3. On the earlier date, after hearing the arguments at length, directions were given to the Investigating Officer to produce the medical examination report of the victim girl and also to explain as to why till this time present applicant could not be arrested and as to what were his whereabouts. Today, medical record is produced before the Court and it is also explained by producing letter received from the office of the applicant’s employer that since 1.4.2010 present applicant is not attending his duty in concerned Maharashtra State Electricity Distribution Company Limited (MAHAVITARAN) office and he has been served with show cause notice on two occasions and disciplinary action is contemplated against him. 4. During the arguments, learned Advocate for the applicant mainly emphasized on the factual position that F.I.R. is filed after about a month after the incident of alleged rape. In the earlier order dated 15.6.2010 this aspect has been dealt with by this Court and under specific circumstance as in the given case as to threats given by the applicant to the victim girl of dire consequences if she disclose the incident to anybody, always it cannot be said that delayed filing of the F.I.R is fatal to the case of the prosecution as to the allegations of rape. In any way, it is apparent that till today the applicant had avoided his arrest in the matter of offence punishable under Section 376 of I.P.C. and as such it would not be in the fitness of situation to grant discretionary relief of anticipatory bail in favour of the applicant. Hence, the present application is disposed of by the following order. 3appln-2484-10 :ORDER: (a) Anticipatory Bail application No. 2484/2010 is rejected. (b) Any observations made in this order shall not be construed as any finding or any expression of opinion on the merits of the case at the time of trial. (A.R.JOSHI,J)