jpc ba-636-11.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.636 OF 2011 Feroze Fali Katrak ... Applicant Versus The State of Maharashtra ... Respondent Mr. A. H. H. Ponda, for the applicant Mrs. S. D. Shinde, APP for the State CORAM:- A.M. THIPSAY, J. DATED :- 7th July, 2011. P.C. : 1. Heard Mr. Ponda, the learned advocate for the applicant and Mrs. Shinde, the learned APP for the State. 2. I have gone through the bail application and the annexures thereto. 3. Undoubtedly, a prima facie case exists against the applicant. Learned APP submits that considering the heinous nature of the offence, the applicant may not be released on bail and that it would be proper to expedite the trial, instead. 4. Mr. Ponda submits that the applicant had been running the tuition classes since last 22 years and that in the past, there has been jpc ba-636-11.sxw 2 no complaint against him of any sort. While, it cannot be accepted, at this stage, that the allegations levelled against the applicant are false, the fact remains that the medical examination of the victims does not reveal that they had sustained any injuries on any part of their body at any time. 5. Mr. Ponda further submits that because of the alleged incident, the applicant is already professionally ruined and that in order to defend himself properly, his being on bail would be necessary. He also submits that the applicant has a fixed place of residence, where he stays with his wife and a child. 6. I have considered the matter. The alleged offence is punishable with imprisonment of life but triable by a Magistrate. The applicant is in custody since 26th December, 2010. The submission, that in order to enable him to defend himself properly, it would be desirable that the applicant should be on bail, is reasonable. Under the circumstances, I am inclined to release the applicant on bail, subject to certain conditions. 7. The applicant is ordered to be released on bail in the sum of Rs. 50,000/-(Rupees fifty thousand only), with one surety in like amount. jpc ba-636-11.sxw 3 8. The applicant shall report to the Shivaji Park Police station every Sunday between 11 a.m. to 12 noon till the disposal of the case against him. 9. The applicant shall not contact, meet or approach any of the prosecution witnesses, in any manner whatsoever. 10. The learned Magistrate is directed to expedite the trial and complete it within a period of nine months from the date of receipt of this order by him. (A.M. THIPSAY, J.)