1 Criminal Appl.No.2764 of 2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2764 OF 2011 IN CRIMINAL APPEAL NO.332 OF 2011 Namdeo Bapurao Gund, Age-76 years, Occu-Agriculture, R/o.Sakat, Tq.Ashti,Dist. Beed. APPLICANT VERSUS The State of Maharashtra RESPONDENT Mr.S.S.Jadhav h/f. Mrs.S.S.Jadhav, learned counsel for the applicant. Mr.S.D.Kaldate, learned A.P.P. for respondent State (CORAM : P.V.HARDAS, AND A.V.POTDAR, J.J.) DATE : 28/07/2011 PER COURT : 1. By this application, the applicant/accused who is aged nearly 76 years, seeks suspension of the substantive sentence of imprisonment and his enlargement on bail pending the decision of the appeal. Undisputedly, the applicant/accused was not on bail during trial. 2. The applicant/accused stands convicted for an offence 2 Criminal Appl.No.2764 of 2011 punishable u/s. 302 of the IPC on the allegations that the applicant/accused had committed murder of his step brother Kisan on 10/04/2010. Prosecution had examined P.W.No.3 Parubai, wife of deceased Kisan, who is an eye witness to the incident. Prosecution has also examined P.W.No.4 Balasaheb and P.W.No.5 Asaram Katkar, who are the witnesses, who had come to the scene of the offence on hearing the cries of the Parubai and claimed to have seen the appellant accused fleeing from the scene of the offence. Prosecution has placed reliance on the discovery of the weapon of the crime i.e. an axe which was found at the behest of the appellant/ accused from the heap of fodder in the field. Though the prosecution had seized the blood stained clothes of the appellant/accused, the clothes were found stained with blood of ‘A’ group, while the blood group of deceased was determined as ‘B’. 3. Shri.Jadhav, learned counsel for the applicant states that the applicant may be permitted to withdraw this application and also requests that in the light of the advanced age of the applicant/accused, the hearing of the appeal be expedited and the applicant be permitted to file private paper book within a reasonable period and the appeal be set down for hearing after the receipt of the private paper book. 4. Considering the advanced age of the applicant accused and the fact that the applicant accused was not on bail during the trial, 3 Criminal Appl.No.2764 of 2011 according to us, the appeal needs to be expedited and accordingly we permit the applicant to file private paper book within the period of 2 weeks from today and direct the Registry to set down the appeal for hearing immediately upon receipt of the private paper book. We, however, while dismissing this application as withdrawn, grant liberty to the applicant to apply for similar relief in the event the appeal is not decided within 3 months of filing of the private paper book. 5. Application is accordingly dismissed as withdrawn with the aforesaid directions and liberty. (A.V.POTDAR, J.) (P.V.HARDAS, J.) khs/JULY 2011/cri.appl.2764-11