- 1 - 236 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.236 OF 2011 in CRIMINAL APPEAL NO. 889 OF 2008 Ramesh Mohan Verma & anr .. Applicants vs The State of Maharashtra .. Respondent Mr.Nitin Sejpal for Applicants Mr.Y.S.Shinde APP for Respondent-State CORAM: P.V.HARDAS & N.D.DESHPANDE, JJ DATE: 8 th March,2011 P.C. 1. By this Application, the Applicants seek suspension of their substantive sentence and enlarging them on bail pending decision of their Appeal. The Applicants along with other accused stand convicted for the offence punishable under section 302 read with section 34 of the Indian Penal Code by the trial Court. - 2 - 236 2. It appears that the prosecution heavily relied upon the dying declaration at Exhibit 69 recorded by PW 13 Police Officer Shinde. Dying declaration at Exhibit 69 attributes overt act to the present Applicants of using of knife on the stomach. Apart from the dying declaration at Exhibit 69 the prosecution also relied upon the testimony of Subhash Nahire PW 11 an eye-witness to the incident. The trial Court has accepted the evidence relating to the dying declaration as well as the evidence of eye- witnesses and has come to the conclusion that the prosecution has proved the offence against the Applicants beyond reasonable doubt. 3. Learned counsel for the Applicants has urged before us that in the light of admission given by the Medical Officer as - 3 - 236 well as various infirmities in the evidence of the eye-witnesses as well as in the evidence of the Police Officer who has recorded a dying declaration, conviction of the Applicants is unsustainable in law. The learned APP has urged for rejection of bail. 4. Submission of the defence before us by the learned counsel for the Applicants pertains to re-appreciation of the evidence which cannot be done at this stage. Suffice it to say that prima facie we find that there is strong material against the present Applicants. Additionally, we find that the Applicants were not on bail during trial. In that background therefore, we are not inclined to suspend the substantive sentence of imprisonment and direct enlargement of the Applicants on bail. Application is accordingly rejected. Liberty granted to the - 4 - 236 Applicants to apply for early hearing of the Appeal. (N.D.Deshpande,J) (P.V.Hardas,J)