23b. cr appa 1030-10.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1030 OF 2010 IN CRIMINAL APPEAL NO.605 OF 2010 Ramkumar @ Ramlal @ Ramu @ Shyamlal Gendalal Verma .. Applicant Vs The State of Maharashtra .. Respondent Ms. Anjali Patil for the Applicant Mr. V.B. Konde-Deshmukh, APP for the State CORAM : SMT. V.K. TAHILRAMANI, J DATE : 9th SEPTEMBER, 2010. P.C.: 1. Heard learned advocate for the applicant and learned APP for the State. 2. The applicant-original accused has been convicted under Section 342, 376-2(f) and 506(II) of IPC. The appeal preferred by him against the said order has been admitted. Now, the applicant is seeking bail. 3. The prosecution case is that the applicant committed rape on the prosecutrix who was a young girl of 12 years of age. Learned advocate for the applicant drew my attention to the evidence of PW 17 Dr. Parmar. Dr. Parmar examined the prosecutrix on the very next day of the incident. 1 23b. cr appa 1030-10.doc Upon physical examination of the victim, Dr. Parmar found no injuries on her private parts and breast. Dr. Parmar stated that "upon local examination of private parts, I found that the hymen was intact and hymenal orifice admitting tip of finger". 4. Learned advocate for the applicant stated that the applicant was on bail during the trial and he has not misused the liberty granted to him. She further stated that besides the present case, the applicant has a clean record. These statements have not been controverted by learned APP. Thus, looking to the above facts, I am inclined to grant bail to the applicant. Hence, the order: O R D E R 1. Applicant Ramkumar @ Ramlal @ Ramu @ Shyamlal Gendalal Verma be released on bail in the sum of Rs. 30,000/- [Rs. Thirty Thousand Only] with one or two sureties to make up the said amount. The Applicant shall report to the Malwani Police Station once in a fortnight till disposal of the appeal. 2. Learned advocate for the applicant states that father of the applicant expired on 01.09.2000. Learned APP on instructions corroborates this fact. In view of this fact, applicant be released on cash bail of Rs. 10000/- for a period of three weeks. The sureties in the sum of Rs. 30000/- be furnished within the said 2 23b. cr appa 1030-10.doc period of three weeks. 3. Application is allowed in above terms. [SMT. V.K. TAHILRAMANI, J.] 3