N THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO.1440/2009 IN CRIMINAL APPEAL NO.241/2009 (Mohan Uike ...vs.. State of Maharashtra ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : S.R.DONGAONKAR, J. DATE : 18 th JUNE, 2009 Heard Shri Itankar, advocate for the applicant and Shri Sonare APP for state. This is an application for grant of bail and suspension of sentence, pending hearing of the appeal against conviction. Learned counsel for the applicant by taking through the evidence of the prosecutrix has contended that there was complaint filed by the prosecutrix and that she was a consenting party and in fact she had visited with the applicant to many places where she could have made complaint against the applicant. No doubt the prosecutrix seems to be aged 17 years, in the circumstances of the case, the facts are indicative to reveal that there was consent on the part of the prosecutrix. There was opportunity to the prosecutrix to make complaint against appellant/ applicant, many times but she had chosen to remain silent. In this case, the conviction is for the offence under section 366 & 376 of IPC. The age factor of the prosecutrix seems to be against the applicant, as there are facts and circumstances of possibility of consent on the part of the prosecutrix to go with the applicant . It is stated that applicant was on bail during the trial and had not misused the liberty, hence he would be entitled for suspension of sentence and for release on bail, pending disposal of the appeal. Applicant be released on bail on his furnishing surety and PRB of Rs.25000/- subject to conditions that he shall keep informed the P.S.O., Kurkheda about his residential address till the pendency of the appeal. On deposit of fine and furnishing bail, substantive sentence imposed against the applicant shall stand suspended pending disposal of the appeal. Application disposed of. Bail in trial court. Hamdast granted. JUDGE smp