1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application [APPA] No. 347 OF 2011 in Criminal Appeal No. 173 of 2011 Mangesh S/o. Vitthal Waghmare V/s The State of Maharashtra Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. N.A. Badar, Advocate for the applicant. Mr. S.M. Bhagde, A.P.P. for the State/non-applicant. CORAM : M. N. GILANI, J. DATE : 15 th JULY, 2011. Heard. This is an application under Section 389 of Code of Criminal Procedure for suspension of sentence pending hearing of appeal. In Special (Atrocity) Case No. 36/2006, the appellant-Mangesh and co-accused Devidas were convicted of an offence punishable under Section 376(g) of Indian Penal Code and each was sentenced to suffer rigorous imprisonment for ten years and to pay fine of Rs.1,000/- each, in default to suffer further rigorous imprisonment for six months. Learned counsel for the appellant brought to my notice certain circumstances like prosecutrix not sustaining any external or internal injury, although it is the case of gang 2 rape by three persons and that too by using force. The ossification test conducted shows that the age of prosecutrix was between 16 to 18 years. The report of Chemical Analyzer in respect of Kurta, Salwar, Torn Pantie etc. did not reveal any seminal stain. In the sample of vaginal swab and pubic hair, no semen or spermatozoa was detected. He further submitted that considering number of appeals pending before this Court, this appeal is not likely to be heard in the near future. Considering the age of the prosecutrix, as is revealed during her ossification test, and other circumstances pointed out by the learned counsel for the appellant, I am of the view that sentence imposed upon the appellant will have to be suspended on his furnishing sufficient sureties. Execution of the substantive sentence imposed upon the appellant-Mangesh is suspended subject to his furnishing P. R. Bond in a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with two sureties in the like amount to the satisfaction of the trial Court with a condition that as and when his address is changed, same would be informed to the concerned Police Station as well as to this Court. JUDGE *sdw