1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4162 OF 2008 Mr. Mayur Bhaskar Pansare ...... Applicant V/s State of Maharashtra & Anr. ....... Respondents. ------ Mr. S.P. Nikam for the applicant. Mr. D.P. Adsule, APP for the State. ------ CORAM : V.M. KANADE, J. DATE : 14th January, 2009 P.C.: 1. Heard the learned Counsel for the applicant and the learned APP for the State. 2. It is alleged that the present applicant alongwith others had committed rape on two women. Allegation against the present applicant is that he had committed rape on Sabina. FIR was lodged on 6/9/2008. Original accused Nos. 1 to 4 were caught at the residence of Swati Dharmendra Mandlik and the present applicant was arrested on 8/9/2008. 3. The learned Counsel appearing on behalf of the applicant submitted that the statement of Sabina has not been recorded by the Police. It is further submitted that there is a discrepancy regarding arrest of the present 2 applicant. In the FIR, it is mentioned that the applicant is arrested on 6/9/2008 whereas the arrest panchanama discloses that he has been arrested on 8/9/2008. The learned APP appearing on behalf of the State, on instructions, states that this is an inadvertent mistake since the applicant was not present in the house when accused Nos. 1 to 4 were arrested. The learned Counsel for the applicant then submitted that the trial court had committed an error in stating that on perusal of the statement of Sabina, prima facie case is made out against the present applicant. He invited my attention to the remand application in which prosecution has admitted that the statement of Sabina had not been recorded. The learned APP on instructions from P.I. Mr. S.S. Shinde, I.O. who is present in Court, has also admitted that whereabouts of Sabina are not traced and, as such, her statement could not be recorded. The learned Counsel for the applicant also invited my attention to the fact that no identification parade has been held by the police and other accused were identified by the prosecution witnesses before the police officers. In my view, in view of these discrepancies and since there is no material against the present applicant that he has committed rape on Sabina, the applicant deserves to be released on bail. 4. Applicant, therefore, be released on bail in the sum of Rs 5000/- with one or two sureties in the like amount in connection with C.R. No.338 of 2008 registered at Sahakar Nagar Police Station for the offences punishable under 3 sections 376(G), 395, 363, 366 342, 452, 170, 506(2), 323, 504 of the Indian Penal Code. Applicant shall report to Sahakar Nagar Police Station, Pune once in a week for a period of three months and, thereafter, once in a month till the hearing and final disposal of the trial. 5. Application is disposed of. (V.M. KANADE, J.)