Maruti Eknath Waghmare Vs the State of Maharashtra

1 The applicant, who is 76 years of age, and who has undergone more than seven years of imprisonment, seeks suspension of substantive sentence of imprisonment and his enlargement on bail, pending the decision of the appeal.

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2 The applicant is convicted for an offence punishable under Section 302 of the Indian Penal Code (IPC). Though the appeal filed by the applicant is of the year 2007, and presently, we are hearing criminal appeals of the year 2004, looking to the age of the applicant, which is said to be 76 years, while rejecting this application, we direct that the

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avk 1/2

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18-APPA-266-2013-APEAL-491-2007

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appeal be listed for final hearing on 18.3.2013, at Serial No.1, subject to any overnight part heard matter.

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3 It appears that the earlier Bail applications filed by the applicant have been either dismissed in default or were decided on merits and bail was refused.

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4 We are, therefore, not inclined to suspend the substantive sentence of imprisonment and direct the applicant's release on bail.

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5 We, therefore, dismiss this application with the aforesaid

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directions.

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(ABHAY M. THIPSAY, J.)

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(P. V. HARDAS)

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Maruti Eknath Waghmare v. the State of Maharashtra

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Maruti Eknath Waghmare v. the State of Maharashtra

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