1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION NO. 759 OF 2010 IN CRIMINAL APPEAL NO. 469 OF 2010 (Baban Bhikaji Nagre .v. 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. Shri R.N. Ghuge, Advocate for the applicant. Shri J.B. Jaiswal, APP for the respondent/State. CORAM : PRASANNA B. VARALE, J. 15TH OCTOBER, 2010. Heard. This is an application for grant of early hearing or continuation of suspension of sentence till the disposal of the appeal. This Court, by order dated 18th August, 2010 admitted the appeal and R and P was called. In view of the direction passed by this Court on 18th August, 2010, learned Counsel for the applicant submits that the private paper book is also filed. The liberty was also granted to the applicant for moving an application for early hearing of the appeal. In view of the other appeals are pending for disposal, request for early hearing cannot be granted. Learned Counsel for the applicant further submits that he has raised the grounds challenging the appeal, namely, the evidence is not properly appreciated by the Court below; the dying declarations on which the case of the prosecution rests, there are variance and contradictions in the two dying declarations. He further submits that the prosecution was also not successful to place the evidence on record to show that there was ill treatment at the hands of the appellant. On the contrary, one of the witnesses deposed that there was no ill treatment. He further submits that the span of the sentence is short i.e. three 2 years. There is least possibility of this appeal coming up for hearing in near future in view of pending of other appeals. In view of the submissions made by the learned Counsel for the applicant and in view of the short sentence, the prayer of the applicant is partly allowed. Prayer for early hearing is rejected. Suspension of sentence earlier granted to the appellant is continued. The applicant is ordered to be released on bail on the same terms and conditions as earlier. Criminal Application is partly allowed and disposed of as such. JUDGE *rrg.