{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3530 OF 2010 IN CRIMINAL APPEAL NO.375 OF 2009 Hemraj Ramsingh Rathod APPLICANT VERSUS The State of Maharashtra RESPONDENT ....... Mr. A.B.Girase, Advocate for the applicant Mr. K.B.Chaudhary, Addl.P.P. for respondent State ....... [CORAM : P.V.HARDAS, AND A.V.POTDAR, J.J.] DATE : 1st September 2010 PER COURT: 1. This is an application seeking suspension of substantive sentence of imprisonment and enlargement of the applicant on bail pending the decision of the appeal. The applicant stands convicted for an offence punishable u/s 302 of the Indian Penal Code and is sentenced to imprisonment for life. 2. Learned counsel for the applicant has very fairly stated {2} before us that the applicant had earlier filed Criminal Application No.2791/2009 seeking similar relief, which came to be rejected by the Division Bench of this Court on 02.09.2009. The grounds raised in the earlier application for suspension of substantive sentence are reiterated in the present application. In the light of the dismissal of the earlier application, we are not inclined to entertain the present application and the present application is dismissed. 3. Learned counsel for the applicant further urged for fixing this appeal for final hearing, as the applicant has been incarcerated since 2008. We are already hearing appeals of the year 2008-09 and, therefore, it is not necessary to direct the fixing of this appeal for hearing on a particular date. This appeal, therefore, is likely to be heard and, hence, to be listed as per its turn. [A.V.POTDAR, J.] [P.V.HARDAS, J.] drp/B10/criapln3530-10