1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION NO.455 OF 2011 IN CRIMINAL APPEAL NO.238 OF 2009 (Abdul Shahid @ Sayyad Abdul Nawab and others vs. The State of Maharashtra) __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri D.J. Choubey, Advocate for the applicants. Smt. B.P. Maldhure, Additional Public Prosecutor for the respondent. -------- CORAM : P.V. HARDAS AND S.B. DESHMUKH, JJ. DATED : AUGUST 23, 2011 This is an application filed by the applicants, who seek suspension of the substantive sentence of imprisonment and their enlargement on bail pending decision of the appeal. It appears that earlier the present applicants had also filed Criminal Application No.859/2010. The Division Bench of this Court on consideration of the application, permitted the Counsel for the applicants to withdraw the said application with liberty to file a private paper book 2 and liberty was also granted to the applicants to move this Court for early hearing of the appeal. Consequent thereto, it appears that a private paper book has been filed in this Court. The present application has been filed by the applicants praying for the said relief on the ground of parity, i.e. in similar circumstances, other accused have been enlarged on bail. According to us, since earlier application has been withdrawn with liberty only to file a private paper book, we are not inclined to entertain the present application. However, in the light of the fact that the other accused have been enlarged on bail and liberty has been granted to the applicants to file a private paper book, we direct that this appeal be set down for final hearing in the week commencing from 29 th August 2011 subject to overnight part heard appeals. The application is dismissed with the aforesaid observations. JUDGE JUDGE khj 3