IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRI.APPLICATION NO.3020 OF 2008 CRI.APPLICATION NO.3020 OF 2008 CRI.APPLICATION NO.3020 OF 2008 Mr Jaywant @ Digambar Bhimrao Chavan, .. Applicant. Vs The State of Maharashtra, .. Respondent. Mr Ganesh Karmalkar, for the applicant. Mr H.J.Dediya, APP, for the respondent. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. DATE : 16/10/2008 DATE : 16/10/2008 DATE : 16/10/2008 PC: PC: PC: 1. Heard Mr.Karmalkar, learned counsel for the applicant and Mr.Dediya, learned APP, for the State. 2. The applicant is seeking bail in C.R.No.27 of 2008 of Welapur police station, District-Solapur. The said crime has been registered against the applicant for having allegedly committed an offence punishable under section 376 (g) and 506 of IPC. 3. The age of the prosecutrix is 14 years. The prosecutrix has specifically stated that the applicant and another accused comitted rape on her. She had given detailed descriptions as to how the offence was committed by both the accused. There is absolutely no difference between the role played by the applicant and another accused Bira and the allegations made against them are similar. This Court granted bail to another accused - Bira vide order dated 4.8.2008. In para 4 of the order, this Court has observed thus: "4. The learned advocate for the applicant submitted that the medical certificate of the prosecutrix, doe snot support the prosecutrix’s case that rape was committed on her. He has pointed out that the medical certificate shows that the hymen was intact. Looking to the medical certificate and the facts of this case, I find much merit in the submission of the lerned advocate for the applicant." In the circumstances, as submitted by the learned counsel for the applicant, the present applicant is also entitled for bail on parity. Hence, I pass the following order. 4. The applicant to be enlarged on bail in the sum of Rs.35,000/-, with one or two sureties to make up the said amount, on the condition that the applicant shall report to the concerned police station every Saturday between 10 and 11 am till conclusion of the trial. 5. 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 without being influenced by the observations made in this order. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)