1912appa798.11 1` IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Appln. (APPA) No.798/2011 in Criminal Appeal No.467/2010 Manjit Fulsingh Rathod Vs. State of Maharashtra ----------------------------------------------------------------------------------- Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders. Orders. Mr. R. R. Shrivastava, Adv. for the applicant. Mr. A.S. Fulzele, APP for the respondent. CORAM : P.V.HARDAS & P.B.VARALE,JJ DATE : 19.12.2011 This is an application, by which the applicant/appellant seeks suspension of the substantive sentence of imprisonment and enlargement on bail. It appears that other two accused have filed Criminal Appeal No. 617/2008 and one of the accused has already been released on bail. Mr. Shrivastava, learned counsel appointed for the applicant fairly states that in the light of the fact that this Court has inclined to hear the appeal finally after vacation, the applicant does not press for the relief as prayed for in this application at this stage, but prays for liberty to file an application afresh in the event the appeal is not decided within two months. Accordingly, we permit the applicant to withdraw the present application and direct that this appeal along with companion appeals be fixed for 1912appa798.11 2` hearing in the week commencing from 4th January, 2012. Liberty to the applicant to file an application seeking similar relief in the event the appeal is not decided within two months from 4th January, 2012. Application is dismissed as withdrawn with the aforesaid liberty and directions. JUDGE JUDGE Ambulkar