1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO.3578 OF 2007 IN CRIMINAL APPEAL NO.522 OF 2007 Lalman S/o Sanu Dahikar .Vrs.. State of Maharashtra ---------------------------------------------------------------------------------------------------- Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders. Orders. ( Mr. A. S. Mardikar, Advocate (appointed) for the appellant. Mr. T. A. Mirza, A.P.P. for the respondent.) -0-0- CORAM : P. V. HARDAS & S. B. DESHMUKH, J J. DATED : 13th OCTOBER, 2011. This is an application filed by the appellant- accused, seeking suspension of the substantive sentence of imprisonment and his release on bail pending the decision of the Appeal. The conviction rests upon the testimony of (P.W.1) Seema, who, in terms, implicated the appellant in the offence of committing murder of his wife deceased Sumitra by inflicting injuries by an axe. The other circumstantial evidence is the recovery of blood stained axe at the behest of the appellant-accused. We have gone through the findings recorded by the learned Trial Court and upon such examination, according to us, the prosecution has prima facie established the offence against the applicant- accused. In the light of existence of such strong prima facie material against the applicant-appellant, we are not inclined to suspend the substantive sentence of imprisonment. 2 Accordingly, this application is dismissed. However, since the Appeal is of the year 2007, and we are already hearing criminal Appeals in the year 2005-2006, so also, since the appellant is in jail, we direct that the Appeal be listed for hearing in a week commencing from 21st November, 2011. JUDGE JUDGE Deshmukh