1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4622 OF 2008 Rahul Suryakant Shinde ...... Applicant. V/s The State of Maharashtra ...... Respondent. ------ Mr. K.S. Patil with Mr. Deepak Gire for the applicant. Mrs. M.H. Mhatre, APP for the State. ------ CORAM : V.M. KANADE, J. DATE : 30th January, 2009 P.C.:- 1. Heard the learned Counsel for the applicant and the learned APP for the State. 2. The learned Counsel for the applicant submits that co- accused Sameer Dinkar Desai & Mayur Bhaskar Pansare have been released on bail by the orders of this Court dated 14/1/2009. He submitted that, therefore, on parity, applicant is also entitled to be released on bail. 3. It is alleged that the applicant had committed rape on one Sabina. However the prosecution has not recorded the statement of the said Sabina. Her whereabouts are also not known. Under these circumstances, applicant is entitled to be released on bail. 2 4. Applicant be released on bail in the sum of Rs 5000/- with one or two sureties in the like amount in connnection with C.R. No.338 of 2008 of Sahkarnagar Police Station for the offence punishable under sections 376(G), 395, 363, 452 of the Indian Penal Code. Applicant shall not threaten the complainant or other prosecution witnesses. If a complaint is received by the police, his bail shall be cancelled. Applicant shall report to the concerned Police Station once in a week for a period of three months and thereafter once in a month during the pendency of the trial. 5. Trial Court, however, shall not be influenced by any observations made by this court while deciding this application for bail and it shall decide the case on its on merits and in accordance with law. (V.M. KANADE, J.)