NISHANT HARIBHAU YADAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both these applications are filed by Accused No. 1, Nishant Haribhau Yadav and Accused No. 2, Nitin Haribhau Yadav, respectively, seeking suspension of their substantive sentence of imprisonment during the pendency of their appeals and their release on bail, mainly on the ground of long incarceration.

(2.) Admittedly, both the applicants-appellants are in jail for a period of about 11 years and both have been convicted for the offence of committing the double murder of Ashwini and Ashok. For that purpose, both the applicants have been convicted under Sec. 302 read with Sec. 34 of the Indian Penal Code and sentenced to suffer double life imprisonment, which shall run consecutively.

(3.) Learned Senior Counsel Mr. V. D. Sapkal, as well as learned counsel Mr. Ostwal, while arguing, made it clear that they are seeking suspension of sentence and release on bail of the applicants solely on the ground of long incarceration, by relying on the following judgments/orders.