drp {1} Cri. Application No.2313/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2313 OF 2011 IN CRIMINAL APPEAL NO.292 OF 2011 Balaji Shivaji Suryawanshi APPLICANT VERSUS The State of Maharashtra RESPONDENT ....... Mr.S.J.Salgare h/f Mrs.Sadhana Jadhav, Advocate for applicant Mr. S.D.Kaldate, APP for respondent State ....... [CORAM : P.V.HARDAS, AND A.V.POTDAR, J.J.] DATE : 30 th June 2011 PER COURT: 1. This is an application at the behest of applicant / appellant, who seeks suspension of the substantive sentence of imprisonment and his enlargement on bail, pending the decision of the appeal. Admittedly, the applicant was not on bail during the trial. 2. The applicant stands convicted for an offence punishable u/s 302 of the Indian Penal Code and sentenced to drp {2} Cri. Application No.2313/2011 imprisonment for life, by judgment dated 05.03.2011, delivered by the Additional Sessions Judge, Udgir in Sessions Case No.30/2009 on the allegations that the applicant had poured kerosene on his wife, deceased Jaimala and had set her ablaze at about 5.00 a.m. The sole piece of circumstantial evidence against the applicant comprises of the dying declaration at Exhibit-56 recorded by PW-5. 3. With the assistance of learned counsel for the applicant we have perused the recitals in the dying declaration at Exhibit-56 and we have also examined the findings recorded by the trial Court. We have heard learned APP, who has urged for the dismissal of this application. 4. Upon perusal of the findings of the trial court and the Record and Proceedings, according to us, the applicant is not entitled to be released on bail, in the face of such strong prima facie case against him. Additionally, we find that the applicant was not on bail during the trial. As the applicant is in jail since January 2009, we direct that hearing of this appeal be expedited. Application is accordingly dismissed. [A.V.POTDAR, J.] [P.V.HARDAS, J.] drp/B11/criapln2313-11