1` IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 608/2011 (APPA) in Criminal Appeal No. 167/2008 Santosh Bhimrao Rane vs. The State of Maharashtra, through P.S.O. Rajapeth, Amravati. ----------------------------------------------------------------------------------- Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders. Orders. Mr. S.G.Loney, Advocate for applicant. Mr. R.S.Nayak, APP for respondent. CORAM : P.V.HARDAS & S.B.DESHMUKH,JJ DATE : 20.9.2011 This is an application by which the applicant seeks suspension of the substantive sentence of imprisonment and his enlargement on bail pending decision of the appeal. It appears that the applicant had preferred two applications earlier, which had been withdrawn by him with liberty to file an application afresh. In any event, the paper book has been readied by the office and since this is an appeal of the year 2008, we direct that the appeal be listed for final hearing in the week commencing from 14th November, 2011. The conviction of the applicant is based upon the testimonies of an approver and the wife of the deceased. The submissions advanced before us by Mr. 2` Loney, learned counsel for the applicant, pertain to the re-appreciation of the evidence of these two witnesses, which cannot be done at this stage. Suffice it to say that the learned trial Court has relied upon the testimonies of the approver and wife of the deceased. We are, therefore, not inclined to suspend the substantive sentence of imprisonment and direct release of the applicant on bail. However, since this appeal is of the year 2008, as directed above, we direct that the appeal be listed for final hearing in the week commending from 14th November, 2011. The application is rejected with the aforesaid directions. JUDGE JUDGE patle 3`