1 HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION APPA NO.600 OF 2011. IN CRIMINAL APPEAL NO.433 OF 2010 NEETA @ NEHA D/O KISHOR NARBARIYA VS. 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. Shri R.M. Patwardhan Advocate for applicant. Shri S. J. Jichkar APP for respondent State. Coram : P.V. HARDAS AND S.B. DESHMUKH,JJ. Date : 04th OCTOBER 2011. 1. This is an application by the applicant/appellant seeking suspension of the substantive sentence of imprisonment and her enlargement on bail till the decision of appeal. 2. The applicant herein stands convicted for an offence punishable under Section 302 of the Indian Penal Code on the allegation that the applicant along with the juvenile offender set one Monika a neighbour ablaze. Monika had sustained 87% burn injuries and ultimately, succumbed to injuries within 15 hours of the infliction of those injuries. The prosecution relies, principally, upon the evidence of PW-6 Suraj 2 brother of deceased Monika who refers to the presence of the applicant and the other accused and immediately thereafter deceased Monika was set ablaze. The prosecution has also relied on the Dying Declaration of Monika at Exh.27 recorded by the Police Head Constable PW-5 Ananta. The trial Court accepted the evidence against the applicant and convicted and sentenced the applicant as aforestated. 3. Mr. Patwardhan, learned Counsel for the applicant has urged before us that the applicant is a young girl who is presently aged 20 years and the evidence of PW-6 Suraj tasks human credulity for its acceptance as PW-6 Suraj admits that initially he was asked to go out of the house, but according to him, lateron he had turned back and had witnessed the incident. It is also urged before us that no reliance ought to have been placed by the trial Court on the Dying Declaration at Exh.27 as no efforts were made by the Police Officers in securing the presence of the Executive Magistrate for recording the Dying Declaration. It is lastly urged before us that the applicant was on bail during trial and is a young girl and prolong incarceration in Jail would be detrimental to her. 4. Learned APP has opposed the grant of bail on the ground that a strong prima facie case has been 3 made out by the prosecution. 5. The submissions advanced before us by Mr. R. M. Patwardhan, learned Counsel for applicant pertain to re-appreciation of evidence, which cannot be done at this stage. Suffice it to say that there exists a strong prima facie case in support of the conviction, which is passed by the trial Court. The evidence of PW-6 Suraj coupled with the Dying Declaration at Exh.27 are the circumstances which impel us to reject the present application though the applicant is said to be a young lady of 20 years of age and was on bail during trial. However, in the light of the fact that the applicant is a lady and her age is 20 years, we grant leave to the applicant to urge the Court for expeditious hearing of appeal as soon as the Private Paper Book is filed. 6. This application is accordingly dismissed with leave as prayed for. JUDGE JUDGE |mule| 4