1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION NO. 192/09 IN CRIMINAL APPEAL NO.569 OF 2008 Subhash Mahadeorao Bhivgade .vs. State of Mah. ___________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Court's or Judge's orders. Registrars orders. CORAM : A.P. LAVANDE & P.B. VARALE, JJ. DATED : DECEMBER 14, 2009. Heard Mr. M.D. Modak, learned Counsel for the applicant/appellant and Mr. Mirza, learned A.P.P. for the respondent. The application for suspension of sentence and grant of bail filed by the applicant who has been convicted for the offence of murder under Section 302 of Indian Penal Code was dismissed by this Court by order dated 20.10.2008. The next application for suspension of sentence and grant of bail was dismissed by order dated 3.7.2009, although none was present on behalf of the applicant. According to Mr. Modak, there are changed circumstances and first order was passed about one year and four months back and second order was passed without hearing the applicant. According to Mr. Modak, the applicant has 3 children and since he is in jail, all the 3 children are suffering. 2 Having heard Mr. M.D. Modak, learned Counsel for the applicant/appellant and Mr. Mirza, learned A.P.P. for the respondent, we find no ground to grant bail at this stage. It is pertinent to note that earlier application was dismissed on merits on 20.10.2008. It cannot be said that there is substantial change in circumstances to consider the request for suspension of sentence and grant of bail. Mere fact that the applicant has to look after 3 children by itself cannot be a ground to suspend the substantive sentence in the murder case. Hence, the application is dismissed. JUDGE JUDGE. J.