1appln-1339-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION No. 1339 of 2010 Imran Maula Kalawant .. Applicant. vs. State of Maharashtra .. Respondent. Mr Amin Solkar, for the Applicant. Mr P. S. Hingorani, A.P.P.,for the State. CORAM:- A.R. JOSHI, J. DATE :- 12TH JULY, 2010. P.C.:- 1. Heard rival submissions for some time today and also on the earlier date i.e. 5.7.2010 on this application for bail preferred by the applicant, arrested in connection with C.R. No.85/2008 registered by Shivaji Nagar Police Station, Icchalkaranji for the offence punishable under Sections 376 read with section 34 of I.P. Code and Section 67 of the Information Technology Act. 2. As mentioned in the earlier order, this is a third bail application. First was withdrawn and second was also withdrawn after substantial hearing. On the last date directions were given for the presence of the Investigating Officer in order to explain what had prevented the Investigating Agency not to produce the muddemal articles i.e. the laptop and mobile, before the concerned committing Judicial Magistrate’s Court so that the matter could have been committed to the Court of Sessions well in advance. Today, the I.O.is present and submitted that 2appln-1339-10 said muddemal articles were received back from the Forensic Science Laboratory some time in June, 2010 and within a week such muddemal along with the report of the Forensic Laboratory shall be forwarded to the concerned Committing Magistrate. This Court had gone through the report shown to the Court today by the Investigating Officer along with the annexures which are the examination reports of the Director of Forensic Science Laboratory, Kalina – Santacruz. 3. After going through the said report and after ascertaining the prima facie involvement of the present applicant for the offence charged as allegedly, the age of the prosecutrix girl is 15 years and three months according to the police, but, allegedly, according to the medical report, it is 17 to 18 years and considering that the applicant was teacher in a school in which the prosecutrix was taking her education in 9th and 10th standards, it would not be in the fitness of situation to release the present applicant on bail during the trial. Hence, the order. ORDER: (a) Bail Application No. 1339/2010 is hereby rejected. (b) Learned Trial/Sessions Court, which would be seized of the matter, after committal order, shall take hearing of the case as early as possible according to law. (c) Any observations made in this order shall not be construed as any finding or any expression of opinion on the merits of the case at the time of trial. Application is disposed of. (A.R.JOSHI,J)