1 apeal-1-11apln3-11 jpc/- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1 OF 2011 WITH CRIMINAL APPLICATION NO. 3 OF 2011 IN CRIMINAL APPEAL NO. 1 OF 2011 Imran Ahmed Khan .. Appellant/accused Versus The State of Maharashtra .. Respondent Mr. Amin Solkar, for the Appellant Mr. S. A. Shaikh, APP for the the Respondent-State CORAM : N. D. DESHPANDE, J. DATE : 9th February, 2011 P.C.: 1. Heard learned Counsel Mr. Solkar for the appellant and Mr. Shaikh, APP for the State. 2. This appeal is preferred against the judgment and order of conviction dated 23.12.2010 passed by the Asstt. Sessions Judge, Greater Bombay in Sessions Case No. 38 of 2010. The appellant is convicted for the offence punishable under section 376 of the Indian Penal Code and sentenced to suffer rigorous imprisonment of seven years and to pay fine of Rs.2000/-. 3. Perused the relevant evidence of the prosecutrix and the impugned judgment and order which is the part of the paper book of 2 apeal-1-11apln3-11 the appeal filed by the appellant. It is seen that she was a consenting party and had at her own accord left the house of her parent’s and joined the applicant/accused for going to Pune, where they stayed for two days and enjoyed sexual intercourse willingly. It seems that the conviction was only because of the age of the girl which, according to the defence is not proved below 16 years. The facts and circumstances, according to the defence indicate that she was certainly more than 17 years age and relied on the medical examination of the girl. She was studying in the first year of junior college (FYJC) at the relevant time and was of the age of understanding to take decision as to what is good or bad. It is also submitted that both the accused and the girl wanted to marry each other. It is also pointed out that at the relevant time the prosecutirx had passed her matriculation and was studying in college. However there is no school certificate on record on the point of age. 4. Prima facie case made out for admission of the appeal. Appeal admitted. 5. So far as bail application is concerned, in view of the the above facts and circumstances and taking into consideration the fact that the applicant was earlier on bail, in my opinion, the applicant has made out a case for bail. The bail applications deserves to be allowed on certain terms and conditions. In my opinion, the following order will meet the ends of justice. 3 apeal-1-11apln3-11 O R D E R i. The appellant/accused shall be released on bail in the sum of Rs.10,000/- with one or two surety in the like amount to the satisfaction of the Trial Court, subject to the appellant deposits the fine amount of Rs.2000/-. ii. Cash bail can be considered for a period of six weeks till the appellant/accused arranges regular surety. iii. The appellant shall record his present address with the concerned police station and keep on informing if there is any change in the address in future. iv. The appellant shall be available at the time of hearing of the appeal or as and when this Court direct his presence through his counsel or in person. v. Needless to state that the State shall be at liberty to move for cancellation of bail, in case of breach of conditions or misuse of bail is noticed. 6. The bail application is accordingly disposed of. ( N. D. DESHPANDE, J. )