IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO. 2556/2009 IN CRIMINAL APPEAL NO. 823/2008 ( Kishor Nagorao Dahake vs. State of Mah.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---------------------------------------------------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- 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 JULY, 2009 Heard Shri Narwade, Advocate, for the applicant/appellant and Shri Bodade, APP, for respondent. This is an application under Section 389 of Cr.P.C. for suspension of sentence and for release the accused/ appellant on bail. The appeal of the applicant against the conviction for the offence under Section 452 and 376 of the I.P.C. has been admitted. The applicant has been sentenced to suffer R.I. for 2 years and for 7 years respectively for the aforesaid offences. The learned counsel for the applicant has submitted that he is in jail since 2007 and therefore, he should be released on bail during the pendency of the appeal. Learned APP has, however, pointed out from the judgment that there is ample evidence on record to show that the applicant is guilty of the aforesaid offences. The prosecutrix is stated to be of 13 years at the time of incident and she is dumb. In these circumstances, an considering the allegations, suspension of sentence is not warranted. The application is therefore dismissed. However,the appeal is directed to be expeditiously heard. The office to prepare paper book within 15 days and list the matter thereafter for final hearing. The applicant shall be at liberty to move such application, if necessary, after six month, if the appeal is not heard during that period. Application disposed of. JUDGE Rvjalit.