FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGBAD. ---------------------------------------------------------------------------------------------------- Office notes, office Memoranda of | coram, appearance, court’s orders | Court’s or Judge’s orders. or directions and Registrar’s orders | CRIMINAL APPLICATION NO. 4043/2009 Ms.Varsha Ghanekar,Adv.for applicant. Mr.K.G.Patil,APP for respondent .... CORAM : P.V.HARDAS AND R.K.DESHPANDE,JJ. DATE : 15/12/2009. 1] This is an application by which the applicant/appellant seeks suspension of the substantive sentence of imprisonment and his enlargement on bail pending the decision of this Appeal. 2] Advocate Ms.Varsha Ghanekar, learned counsel for the applicant has very rightly urged before us that the dying declaration at Exh. 26, is recorded by P.W.4 and P.W.4 in his testimony had not proved the contents of the said dying declaration. Strong reliance is placed on the Division Bench judgment of this Court in Deorao S/o Sonbaji Bhalerao & Another V/s State of Maharashtra 2008 All MR (Cri) 1921. It is also urged before us by the learned counsel for the applicant that the oral dying declaration alleged to have been made by Rekha to her mother P.W.1 also cannot be relied upon as the aforesaid oral dying declaration came to be disclosed by P.W.1 belatedly i.e. after delay of nearly 80 days from the date of the incident. The learned Assistant Public Prosecutor has urged for dismissal of the application. 3] The submissions advanced before us by the learned counsel for the applicant pertain to appreciation of evidence, which cannot be done at this stage. The question as to whether the dying declaration at Exh.26 has been proved and whether the said document is a reliable piece of evidence as per the testimony of P.W.4, is a question which the Court would be deciding at the time of final hearing of the Appeal and it is not a question which would fall for consideration of the Court at the time of considering application for bail. We are therefore, not inclined to allow the present application. However, looking to the nature of the evidence against the applicant and the nature of the challenge raised in the Appeal at the behest of the applicant, we direct the registry to ensure that the paper book is prepared within 3 weeks from today. The Appeal be set down for final hearing immediately on receipt of the paper book. 4] Accordingly, this Criminal Application is dismissed with the aforesaid directions. We grant liberty to the applicant to submit a private paper book within 2 weeks from today and in that event, the Appeal be set down for hearing without awaiting for the paper book from the trial Court. [R.K.DESHPANDE] [P.V.HARDAS] JUDGE JUDGE umg/criapln4043-09