1 APPA 276-2011 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.276 OF 2011 IN CRIMINAL APPEAL NO.161 OF 2011 Lolarakh Vijaynath Yadav ..Applicant V/s. The State of Maharashtra ..Respondent Mr.Prashant Gurav, Advocate, for the Applicant Mrs.M.M.Deshmukh, APP, for the Respondent - State CORAM : R.C.CHAVAN, J. DATE : 23RD JUNE, 2011 P.C. . Heard the learned Counsel for the respective parties. 2. This is an application for suspension of sentence of R.I. for ten years with a fine of Rs.300/- imposed upon the applicant for the offences punishable under Sections 387, 376(2) (g), 120-B r/w.Section 34 of the I.P.C. The incident as narrated by the first informant, however, does not show that there was any gang 2 APPA 276-2011 rape as such. There were series of rapes. The present applicant was possibly initiator of the whole chain, who took some photographs of the victim in awkard position, took advantage of her and passed on those photographs to accused No.2, who also did the same thing. The victim then claims to have met accused No.5 independently and had sexual escapade with accused No.5 independently. Strangely she conveyed this to accused No.2 and then accused No.2 took her to accused No.5 and had them photographed in the act and then started extorting money from accused No.5. Thereafter, complaint was given. The learned APP strongly opposes the application contending that the victim was only 14 years old at that time and therefore, the applicant who had taken advantage of her immaturity should not be let off on bail after his conviction. Considering the nature of allegations made and also the fact that there could be margin of error in ossification test 3 APPA 276-2011 as stated by PW-7 Doctor herself, as also the fact that the applicant was on bail through out the trial, applicant be released on bail in connection with C.R.No.213 of 2001 registered with Goregaon Police Station on his furnishing P.R.Bond of Rs.25,000/- with one or more solvent sureties in the aggregate sum of Rs.25,000/- till the trial is over. (R.C.CHAVAN, J.)