drp {1} Cri. Application No.5313/2010 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.5313 OF 2010 IN CRIMINAL APPEAL NO.482 OF 2010 Sahebrao Kaduba Sejul & Another APPLICANTS VERSUS The State of Maharashtra RESPONDENT ....... Mrs.S.S.Jadhav, Advocate for the applicants Mr. N.H.Borade, APP for respondent-State ....... [CORAM : P.V.HARDAS, AND A.V.POTDAR, J.J.] DATE : 17th February 2011 PER COURT: 1. By this application, the applicants seek suspension of substantive sentence of imprisonment and their enlargement on bail, during the pendency of the appeal. The evidence against the present applicants, comprises of the testimony of 3 eye witnesses to the incident and the prosecution has also relied on the recovery of an axe at the behest of the accused. The trial court has found the aforesaid witnesses to be reliable and has also found that reliance could be placed on the evidence of recovery of the axe. In drp {2} Cri. Application No.5313/2010 that light of the matter and in view of the fact that the applicants were not released on bail during the trial, we are not inclined to entertain the plea of the accused for suspension of substantive sentence and their enlargement on bail. 2. Consequently, this application stands dismissed. We however expedite the hearing of the appeal. Paper book is directed to be prepared within 8 weeks from today and on receipt of the paper book the appeal be listed for final hearing before the Court. [A.V.POTDAR, J.] [P.V.HARDAS, J.] drp/A11/criapln5313-10