11. appa 361-11.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI. APPLICATION NO. 361 OF 2011 IN CRI. APPEAL NO. 652 OF 2004 Rafik Babu Shaikh .. Applicant Vs The State of Maharashtra .. Respondent Mr. Vishal Kolekar for the Applicant Mr. K.V. Saste, APP for the State CORAM : P.V. HARDAS & M.N. GILANI, JJ. DATE : 21st MARCH, 2011. PER COURT: 1. This is an application by which the applicant / original accused seeks suspension of the substantive sentence of imprisonment and his enlargement on bail pending the decision of the appeal. It appears that the earlier application filed by the applicant came to be rejected by this Court on merits. Subsequently, it appears that the co-accused had filed an application for bail before this Court which came to be allowed principally on the ground that the accused therein had undergone imprisonment of about nine years, eight months and nine days and the effective imprisonment including the remission was worked out 1 11. appa 361-11.doc to eleven years, seven months and twelve days. The learned counsel for the applicant has also urged before us that the present applicant was arrested on 13th December 2000 and since then, the present applicant has not been enlarged on bail. The contention of the learned counsel for the applicant, therefore, is that the applicant also has undergone ten years of actual imprisonment. 2. However, since the application for bail had been rejected on merits, we are not inclined to interfere in the present application. Since the appeal is of the year 2004 and the appeals of the same year have been listed before us for hearing, we permitted the learned counsel for the applicant to inform us the date which is suitable for hearing of this appeal. Accordingly, the learned counsel for the applicant states that the appeal be heard beyond vacation. In that light of the matter, we dismiss this application and direct listing of the appeal for final hearing before the Bench assigned with hearing and deciding Criminal Appeals of the year 2004 after summer vacation. [ M.N. GILANI, J ] [ P.V. HARDAS, J ] 2 11. appa 361-11.doc 3