(1) Cri. Application No. 5554 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Criminal Application No. 5554 of 2011 (In Criminal Appeal No. 616 of 2011) Ashok s/o. Shripati Barde, Age : 35 years, Occupation : Labourer, R/o. Taru Pimpalwadi, Taluka : Paithan, District : Aurangabad. .. Applicant. versus 1. The State of Maharashtra. .. Respondent 2. Smt. Alkabai w/o. Balasaheb More, .. Respondent no.2 R/o. Dhakephal, deleted. Taluka : Paithan, District : Aurangabad. . ....................... Mr. R.D. Sanap, Advocate (Appointed), for the applicant. Mr. S.G. Nandedkar, Additional Public Prosecutor, for respondent no.1. Respondent no.2 deleted. ........................ CORAM : SHRIHARI P. DAVARE, J. DATE : 21ST DECEMBER 2011 (2) Cri. Application No. 5554 of 2011 COURT'S ORDER : 1. Heard learned respective Counsel for the parties. 2. At the request of learned Counsel for the applicant, leave granted to delete respondent no.2 i.e. original complainant from the array of the present Application. Amendment be carried out forthwith. 3. Issue notice to the respondent / State. 4. Learned APP waives service of notice for the respondent / State. 5. This is an application preferred by the applicant seeking bail pending hearing and final disposal of Criminal Appeal No. 616 of 2011, suspending the substantive sentence inflicted upon him by way of judgment and order dated 12-10-2011, rendered by the learned Ad hoc Assistant Sessions Judge-3, Aurangabad, in Sessions Case No. 334/2010, thereby convicting him for the offence punishable under Section 363 of Indian Penal Code and sentencing to suffer rigorous imprisonment for five years and to pay fine of Rs. 10,000/-, in default of payment of fine, to suffer rigorous imprisonment for (3) Cri. Application No. 5554 of 2011 six months, and also convicting him for the offence punishable under Section 376(2)(f) of Indian Penal Code and sentencing to suffer rigorous imprisonment for seven years and to pay fine of Rs. 25,000/-, in default of payment of fine, to suffer rigorous imprisonment for two years, and also directing that both the substantive sentences to run concurrently, and further directing that if fine amount of Rs. 25,000/- is recovered from the accused, it be paid to the complainant, namely, Alkabai w/o. Balasaheb More, as compensation. 6. Learned Counsel for the applicant does not press the present Criminal Application and seeks leave to withdraw the same. 7. In view of the said submission, leave granted and the present Criminal Application stands dismissed as withdrawn, and is disposed of accordingly. ( SHRIHARI P. DAVARE ) JUDGE ......................... bgp/ka5554