1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2620 OF 2009 Mazhar Naushad Khan @ Shaikh Mansoari .. Applicant. Vs. State of Maharashtra .. Respondents. Mr.P.J.Pawar for the applicant. Mr.K.V.Saste A.P.P. for the State. Coram: D.B. BHOSALE, J. Dated : 29th June, 2009 P.C. Heard learned counsel for the applicant and learned A.P.P. for the State. 2. The applicant is seeking bail in C.R.No.I-36 of 2009 of Vartak Nagar Police Station, District Thane. The crime has been registered against the applicant and one another for having allegedly committed an offence punishable under sections 363, 366-A, 376(1), 354, 420, 506 r/w 34 of IPC. 3. Mr.Pawar, learned counsel for the applicant at the outset invited my attention to the order of the Sessions Court dated 6.4.2009 by which the main accused – Vicky Pradeep Saraf has been released on bail and submitted that the applicant is entitled for bail on parity. He submitted that as a matter of fact 2 the role attributed to Vicky Saraf is severe than the role attributed to the applicant. Insofar as the offence under section 376 of IPC is concerned, the allegations are only against Vicky Saraf. It is not the prosecution case that the applicant made any attempt to commit rape on the prosecutrix. I have perused the FIR. It is true that Vicky Saraf only allegedly committed rape on the prosecutrix. Keeping that in view and considering the submissions of learned counsel for the applicant and the order passed by the Sessions Court dated 6.4.2009 releasing Vicky Saraf on bail I am inclined to enlarge him on bail. Hence the following order: Applicant to be released on bail in the sum of Rs.10,000/- with one or two sureties to make up the said amount, subject to the condition that he shall report to the concerned police station on first Saturday of every month between 6 pm and 7 pm till conclusion of the trial. While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case uninfluenced by the observations made in this order. Application is disposed of. (D. B. Bhosale, J.)