1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (APPA) NO. 354 OF 2010 IN CRIMINAL APPEAL NO. 205/2009 (Mobin Ahmad @ Bandu Aminoddin and ors. .vs. 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 Mr. R.M. Daga, Advocate for Appellant. Mr. S.J. Jichkar, APP for Respondent. .......... CORAM : A.P.LAVANDE & P.D. KODE, JJ. DATED : JUNE 23, 2010 Heard Mr. Daga, learned counsel for the applicants and Mr. Jichkar, learned APP for the respondent. By this application, the applicants who have been convicted along with others for the offence punishable under Section 302 read with Section 149 of IPC, have prayed for suspension of sentence and their release on bail. Mr. Daga, learned counsel for the applicants submits that the application be decided on merits. The applicants had preferred Criminal Application No. 1784 of 2009 which was allowed to be withdrawn with liberty to approach again if the appeal is not heard within a reasonable time. The said order was 2 passed on 31.7.2009. Presently we are dealing with the appeals of the year 2004 onwards in which the accused are in custody from 1998 onwards. According to Mr. Daga, the applicants are in custody for a period of 1 ½ years. There is absolutely no reason for taking up this application on merits in view of the order dated 31.7.2009. In our considered opinion, the period of about 11 months does not entitle the applicants to file fresh application for suspension of sentence and bail after withdrawing the application filed earlier for the similar relief. In view of above, the application stands dismissed. JUDGE JUDGE halwai