18. cr appa 902-10.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 902 OF 2010 IN CRIMINAL APPEAL NO. 531 OF 2010 Ravindra Nawab Singh .. Applicant Vs The State of Maharashtra .. Respondent Mr. A.H.H. Ponda for the Applicant Mr. V.B. Konde-Deshmukh, APP for the State CORAM : SMT. V.K. TAHILRAMANI, J DATE : 30th AUGUST, 2010. P.C.: 1. Heard learned advocate for the applicant and learned APP for the State. 2. The applicant has been convicted under Section 373 of IPC and sentenced to suffer five years imprisonment. The Appeal against the said order of conviction has been admitted. The applicant is now seeking bail. 3. The case of the prosecution is that in August 2005, the applicant purchased PW 7 a minor girl aged about 15 years for the purpose of prostitution. The FIR came to be filed on 27th October, 2005. 4. Mr. Ponda, learned advocate for the applicant has drawn my 1 18. cr appa 902-10.doc attention to the observations of learned Sessions Judge in the impugned judgment wherein it is observed that the prosecutrix was not subjected to any sexual intercourse or any overt act of sexual nature. He submitted that if at all the girl had been purchased for the purpose of prostitution in August 2005, in the period between August 2005 to 27th October 2005, she would have been subjected to sexual intercourse or at least some overt act during this period. I find some merit in this submission because the evidence of the prosecutrix does not show that she was subjected to sexual intercourse or any overt act by anyone which was sexual in nature from August 2005 to 27th October, 2005. In fact, her evidence does not show any overt act of such nature on the part of the applicant or even an attempt to commit such act. 5. The learned advocate for the applicant states that besides the present case, the applicant is not involved in any other case. He further stated that the applicant was on bail during the trial and he has not misused the liberty granted to him. Both these statements have not been controverted by learned APP. 6. Looking to all the above facts, I am inclined to grant bail. Hence, the following order: O R D E R 1. The Applicant - Ravindra Nawab Singh be released on bail 2 18. cr appa 902-10.doc in the sum of Rs. 50,000/- [Rs. Fifty Thousand Only] with one or two sureties to make up the said amount. The Applicant shall report to Sangamner Police Station, Dist. Ahmednagar once in two months till disposal of the appeal. 2. Application is disposed of. [SMT. V.K. TAHILRAMANI, J.] 3