1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION NO. 760 OF 2010 IN CRIMINAL APPEAL NO. 581 OF 2010 (Vinod Shivhari Thakare .v. State of Maharashtra) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Shri V.S. Bapat, Advocate for the applicant. Smt. A.R. Taywade, APP for the respondent/State. CORAM : PRASANNA B. VARALE, J. 24TH NOVEMBER, 2010. Heard. This is an application seeking suspension of sentence and release of the applicant/appellant on bail pending appeal for final disposal. Learned Counsel for the applicant submits that the applicant has raised substantial grounds to challenge the conviction. He further submits that in the second round of litigation, the applicant/appellant was convicted; whereas in the initial round, the learned trial Court arrived at a conclusion that the prosecutrix was mentally fit person. Learned Counsel for the applicant, by inviting my attention to the substantive evidence of Dr. Wathodkar, submits that the opinion expressed by Dr. Wathodkar is only on the basis that the prosecutrix was mentally ill; whereas Dr. Wathodkar in his cross examination admitted that he had not carried out any special test to arrive at definite conclusion about the mental status of the prosecutrix. Learned Counsel further submits that, be that as it may, even taking into consideration the fact that the victim prosecutrix had taken the education in the school till 9th standard and she had cleared all her examinations till 9th standard. He further submits that the applicant has urged the ground challenging the conviction that the learned trial Court has not appreciated the evidence in its proper perspective. He submits that the applicant is working as a 2 peon in a private firm and he is the sole bread earner of the family. He further submits that in view of the pendency of old appeals, the appeal filed by the appellant may take some time to come up for hearing. Learned APP has vehemently opposed the application. In view of the submissions made by the learned Counsel for the applicant, I am of the opinion that the case is made by the applicant for suspension of sentence and to enlarge him on bail. In the result, the application is allowed. The sentence is suspended and the applicant is ordered to be released on bail on the same terms and conditions as in the trial Court with fresh bonds. JUDGE *rrg.