IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMIAL APPELLATE JURISDICTION CRI. APPLICATION NO.763 OF 2008 IN Appeal No.42 of 2008 Sushil Chandrakant Jadhav .. Applicant V/s The State of Maharashtra and Ors.. Respondents Mr.J.P.Dubey i/b Dubey and Co. for Applicant Mr.A.S.Shinde,APP for State CORAM:R.S.Mohite,J. DATED:15th July 2008 P.C.:- 1. This is second application for grant of bail. The first application was rejected on 30-1-2008 with liberty to apply afresh after six months. 2. The present application has been filed after the period of six months has elapsed. 3. I perused the impugned judgment and order. The accused has been convicted under Section 376 and sentenced to suffer r/i for 5 years. He was on bail pending the trial. 4. There is no allegation of violating any of the conditions imposed while granting bail. 5. On merits it is seen that one doctor who preformed Ossification test has opined that the girl was above 18 years of age and therefore she could be above age of consent. The defence was that that girl had willingly gone with the accused. The finding of the Court is that the minor is compelled by the applicant. 6. In my view, there are arguable case made out and appeal has also been admitted on merits. In such circumstances I am inclined to grant the bail. Therefore I directed that pending disposal of the appeal the applicant will be released on bail for sum of Rs.20,000/- as one or two sureties with like amount with further condition that he will report to Aarey Sub Police Station, Goregaon, Mumbai, once in fortnight on every first and third Saturdays till the disposal of the appeal. 6. Application stands disposed off. Cri.Appeal No. 42 of 2008 1. By a separate order passed today I have granted leave to file appeal. Hence, appeal admitted. Office to number the appeal. (R.S.Mohite,J.) girl had willingly gone with the accused. The finding of the Court is that the 1. On the motion made by the learned Advocate for the Applicant, applicant is allowed to withdraw this application. 2. Application is dismissed as withdrawn. JUDGE