13. appa 256-11.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI. APPLICATION NO. 256 OF 2011 IN CRI. APPEAL NO. 634 OF 2006 Sandeep Prabhakar Wadnekar .. Applicant Vs The State of Maharashtra .. Respondent Mr. N.N. Gawankar, appointed amicus curiae for the Applicant Mr. Y.S. Shinde, APP for the State CORAM : P.V. HARDAS & N. D. DESHPANDE, JJ. DATE : 7th MARCH, 2011. PER COURT: 1. The present application has been filed by the applicant for suspension of substantive sentence of imprisonment and his enlargement on bail, during the pendency of the appeal. After being unsuccessful in nine times, the applicant is seeking the same relief. 2. We have heard the learned amicus curie appointed on behalf of the applicant. We have also perused the judgment of the trial Court and the findings recorded by the trial Court. The applicant is alleged to have committed murder of his wife Kalpana on 12th July 2003 at 03.00 p.m. Upon perusal of the judgment of the trial Court, we find that there are direct 1 13. appa 256-11.doc circumstances which clearly prove the offence against the applicant beyond reasonable doubt. The observations made by us, obviously, have to be read in context of the application which we are called upon to decide and should not be construed as any findings on merits. 3. Upon hearing the learned Counsel for the parties, we find that the applicant has not made out any case for suspension of sentence of imprisonment and his enlargement on bail pending the decision of the appeal. This application is accordingly dismissed. However, we quantify the fees payable to the learned amicus curiae on behalf of the applicant at Rs. 2500/-. [ N. D. DESHPANDE, J ] [ P.V. HARDAS, J ] 2 13. appa 256-11.doc 3