1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 374 / 2009 IN criminal appela no.571 /2009 [Gajanan Panjabrao Talwekare vs. State of Maharashtra ) ..................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Mr. M V Bute Adv. for applicant Mr A.S.Fulzele, APP for Respondent .......... CORAM : A.P.BHANGALE, J. DATED : JANUARY 20, 2010. Heard. 2. By means of this application, the applicant prays for prays for suspension of substantive sentence of imprisonment of five years imposed upon the applicant /accused for offence punishable u/s 376 IPC as the result of conviction recorded by learned first Ad-hoc Additional Sessions Judge Wardha in Special Case No.24/2007. Learned Advocate wants to press into service ruling in Kiran Kumar vs. State of MP 2002 SCC (Cri) page 1017 in order to pray for suspension of substantive sentence of imprisonment. However, it appears that the trial Court recorded the conviction in respect of rape of alleged minor victim, aged about 15 years and, on this ground, learned APP opposed the application for suspension of substantive sentence of imprisonment with 2 prayer that record and proceedings from the trial Court may be called and appeal itself be heard and disposed of finally on merits. 3. Admit. Call R & P. Office to prepare paper- book expeditiously and list the appeal for final hearing. 4. Application for suspension of substantive sentence is rejected. JUDGE sahare