Cri.Appln.No.99/2011 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.99 OF 2011 IN CRIMINAL APPEAL NO.188 OF 2010 Bhagwan s/o Shivaji Pandhare ..Applicant Versus The State of Maharashtra ..Respondent Mr M.S.Indani, Advocate holding for Mr U.M.Indani, Advocate for applicant Mrs R.K.Ladda, A.P.P. for respondent-State CORAM : P.V. HARDAS AND A.V. POTDAR, JJ. DATE : 27th January 2011 PER COURT 1. This is an application filed by the applicant/accused seeking suspension of the substantive sentence of imprisonment and his enlargement on bail pending the decision of the appeal. In fact, this is a second application as the earlier application viz. Criminal Application No. 1796 of 2010, which had been filed for similar relief, came to be dismissed by the Division Bench of this Court by its order dated 19.7.2010. The Division Bench observed, upon examining the matter on merits that it was not a fit case to enlarge the present applicant on bail pending the decision of the appeal. By the present application, the applicant seeks the suspension of substantive sentence and his enlargement on bail on the ground that his son and daughter, who are aged 9 and 13 years respectively are suffering from mental affliction and Cri.Appln.No.99/2011 2 also that his eldest son is unemployed and, therefore, seeks his enlargement on bail till the son gets employment and is able to support the family. 2. The children of the petitioner had been suffering from mental affliction since their childhood and are now aged 9 and 13 years, respectively. This as a ground was never put forth in the earlier application. 3. Even otherwise these cannot be said to be grounds sufficient to suspension of the substantive sentence and direct the enlargement on bail pending the decision of the appeal. The application is, therefore, dismissed. However, since the paper-book in this appeal is ready, we expedite the hearing of the appeal and direct that it be listed for final hearing in the week commencing from 14th February 2011. ( A.V. POTDAR, J. ) ( P.V. HARDAS, J.) (vvr/99.11criappln)