1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR Criminal Application (APPA)No.418/2011 in Criminal Appeal No. 308/2011 Madhukar s/o Diliprao Wandile Vs. State of Maharashtra =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Office Memorandum of Coram appearances, Court's orders or directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Shri M. B. Naidu, Advocate for the applicant. Shri S.S. Doifode, A.P.P. for the respondent. CORAM : U.V. BAKRE, J. DATED : 20/08/2011. 1] Heard. 2] Since the applicant is in jail, filing of the affidavit in support of the application is dispensed with. 3] Application stands disposed of. Criminal APPA No.419/2011 1] Heard. 2] The applicant has been convicted and sentenced of the offence punishable under Section 366 of the Indian Penal Code and to suffer rigorous imprisonment for three years and to pay fine of Rs. 1000/- in default to undergo further rigorous imprisonment for one month and for Section 376 of the Indian Penal Code to suffer rigorous imprisonment for seven years and to pay fine of Rs. 2000/- in default to 2 undergo further rigorous imprisonment for two months. 3] The allegation was of kidnapping and raping the prosecutrix, who was alleged to be a minor, aged 15 years. 4] However, perusal of the impugned judgment and order reveals that there is question to be determined regarding the age of prosecutrix since there is some overwriting in the birth register on the date of birth of the prosecutrix. 5] Be that as it may, the applicant was on bail during trial. I do not see any reason as to why the applicant should not be now be released on bail. 6] The execution of the impugned sentence is suspended till the final disposal of the Appeal and in the mean time, the applicant shall be released on bail upon execution of personal recognition bond of Rs. 25,000/- (Rs. Twenty five thousand only) with one solvent surety in the like amount under the condition that he or his counsel shall remain present before this Court on all dates of hearing. Hamdast allowed. JUDGE Ambulkar.