1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 196 OF 2010 IN CRIMINAL APPEAL NO. 978 OF 2009 Shrikant Rajaram Khopade & Anr. ...Applicants v/s. The State of Maharashtra ...Respondent Mr. Kuldeep S. Patil for the Applicants. Mr. D.R. More, APP for the Respondent/State. CORAM:- B.R. GAVAI, J DATED:- February 23, 2010. P.C. 1 This is an Application for grant of bail pending hearing of the Appeal. The Applicant-Appellant alongwith another accused have been convicted for an offence punishable under section 376(2)and(g) of the Indian Penal Code and sentenced to suffer R.I. for a period of five years and to pay a fine of Rs.2,000/-. The applicant has already undergone sentence of 23 months. 2 Taking into consideration the delay in lodging the FIR, the evidence of the prosecutrix herself regarding knocking tin partition and the same being 2 contradictory to panchanama which shows the partition to be in cement concrete and the medical evidence of the prosecuttrix, the Appellant has good case on merit. 3 The application is therefore allowed. The applicant is directed to be released on bail on his furnishing bail bonds of sum of Rs.25,000/- with one or two sureties in the like amount. 4 Application stands disposed off. (B.R. GAVAI, J)