Cri.Application No.2644/2011 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2644 OF 2011 IN CRIMINAL APPEAL NO.315 OF 2011 Sikandar Ali Yawar Ali Mirza .. Applicant/Appellant (Orig.Accused No.1) Versus The State of Maharashtra .. Respondent Mr R.N.Dhorde, Advocate holding for Mr V.R.Dhorde, Advocate for applicant Mr S.D.Kaldate, A.P.P. for respondent-State CORAM : P.V. HARDAS AND A.V. POTDAR, JJ. DATE : 2nd August 2011 PER COURT 1. This is an application by the applicant, who seeks suspension of the substantive sentence of imprisonment and his enlargement on bail pending the decision of the appeal. The applicant stands convicted for an offence punishable under Section 302 of the Indian Penal Code and sentenced to imprisonment for life and to pay fine of Rs.1,000/-, in default of which to undergo further rigorous imprisonment for six months. It appears that the applicant has been in jail since 11.1.2010. 2. The entire case of the prosecution revolves round the testimony of the three eye witnesses, P.W.3, P.W.4 and P.W.7. With the assistance of Mr R.N.Dhorde, learned Counsel for the applicant and Mr S.D.Kaldate, Cri.Application No.2644/2011 2 learned Assistant Public Prosecutor for the State, we have perused the evidence of these three eye witnesses. We have also examined the findings recorded by the trial Court. Prima facie according to us in the light of the evidence of the eye witnesses, this is not a fit case for enlarging the applicant on bail by suspending his substantive sentence. However, since the applicant is in jail since January 2010, we direct that the hearing of the appeal be expedited. Registry to ensure that the paper-book is obtained within six weeks from today and the appeal be set down for hearing after receipt of the paper-book. 3. Accordingly, Criminal Application No.2644 of 2011 is dismissed with the aforesaid directions. ( A.V. POTDAR, J. ) ( P.V. HARDAS, J. ) (vvr/2644.11criappln)