1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION NOS. 683/11 & 746/11 IN CRIMINAL APPEAL NO. 279 OF 2011 Mangal Badrinath Thorat & 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. Mr. R.M. Daga, Advocate for applicants, Mr. T.A. Mirza, Additional Public Prosecutor for respondent. CORAM : P.V. HARDAS & PRASANNA B. VARALE, JJ. DATED : NOVEMBER 15, 2011. 1] Criminal Application No. 746/11 has been filed by original accused No.2 Amar while Criminal Application No. 683/11 has been filed by original accused no.5 Latabai, seeking suspension of the substantive sentence of imprisonment and their enlargement on bail pending their decision of the appeal. It appears that both these applicants came to be convicted for offences punishable under Sections 143, 448 & 302 of the Indian Penal Code and have been sentenced to R.I. for six months and imprisonment for life. 2] It appears that the present applicants along with 2 the other accused committed murder of Dipak, Rambhau and Narmadabai on 14.9.2007 by pouring kerosene and setting all the three deceased ablaze. The prosecution is based upon the three dying declarations at Exhs. 66, 67 & 123. 3] Mr. R.M. Daga, learned Advocate for applicants/ appellants, has invited our attention to the recitals of the three dying declarations. According to the learned Counsel for the applicants, there is tremendous variation in the three dying declarations particularly in respect of the overt act attributed to the accused and consequently, according to the learned Counsel for the applicants, no reliance can be placed on the said three dying declarations. 4] Mr. T.A. Mirza, learned Additional Public Prosecutor for respondent, has opposed the plea for bail and has urged for dismissal by these two applications. In Criminal Application No. 683/11, applicant/accused no.5 Latabai has pleaded that she be released on bail on account of the fact that all her family members stand convicted and there is no one to look after the welfare of her son, who has met with an accident. The learned A.P.P. while filing the reply on behalf of the respondents has also opposed this plea on the ground that the son of accused no. 5 Latabai resides at Nashik and consequently, there are 3 others to look after the welfare of the son of applicant/ original accused no.5. 5] The submissions urged before us by the learned Counsel for the applicants pertain to re-appreciation of evidence particularly in respect of appreciation of evidence of the three dying declarations. According to us, the aforesaid submission in respect of re-appreciation cannot be entertained at this stage. Suffice to state that the trial Court has based its conviction on material which was found reliable by the trial Court. We are, therefore, not inclined to entertain the present applications and according to us, these applications deserve to be dismissed. However, it has been brought to our notice that the paper-book has been prepared in this appeal and though this appeal is of the year 2011, we are inclined to grant expeditious hearing of the appeal of the appellants in the light of the fact that all the accused are behind bars. 6] Accordingly, Criminal Application Nos. 683/11 & 746/11 are dismissed. However, we direct that these Criminal Appeals be placed for final hearing in January, 2012. Judge Judge J.