1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3543 OF 2010 IN CRIMINAL APPEAL NO.333 OF 2010 1. Sajjan Galfa Rankhamb, Age-53 years, Occu-Labour, 2. Kakasaheb Sajjan Rankhamb, Age-28 years, Occu-Labour & Agriculture, Both R/o.Sonegaon, Tq.Osmanabad, Dist. Osmanabad APPLICANTS VERSUS The State of Maharashtra RESPONDENT Mr.R.N.Dhorde, learned counsel for the applicants. Mr.K.B.Chaudhary, learned A.P.P. for respondent State. (CORAM : P.V.HARDAS, AND A.V.POTDAR, J.J.) DATE : 29/09/2010 ORAL ORDER : (Per P.V.Hardas, J.) 1. By this application, the applicants seek suspension of the substantive sentence of imprisonment and their enlargement on bail, pending the decision of the appeal. The applicants/original accused no.1 and 2 stand convicted for an offence punishable us/ 302 r/w. 34 of The IPC and sentenced to imprisonment for life on the allegations that the applicants had committed murder of deceased Dattatraya on 2 21/04/2007. The Trial Court has placed implicit reliance on the testimony of P.W.No.3 Tanaji, P.W.No.4 Arun and P.W.No.10 Bhairu. 2. Mr.Dhorde, learned counsel for the applicants has urged before us that in the light of the interse variance in the testimony of the witnesses, no reliance could have been placed by the Trial Court on the testimony of these witnesses to hold that they were eye witnesses and were reliable . The learned APP has urged before us that this is not a fit case for releasing the applicants on bail though they were on bail during the trial. 3. The submissions advanced before us by the learned counsel for the applicants pertain to re-appreciation of evidence, which can not be done at this stage, and therefore we are not inclined to release the applicants on bail. Suffice it to state that there is sufficient material on record, which establishes the complicity of the applicants. At this stage, Shri.Dhorde, learned counsel for the applicants has urged before us that leave may be granted to the applicants to file a private paper book. While dismissing this application, we grant leave to the applicants to file a private paper book within 8 weeks from today and after filing of the private paper book, we grant liberty to the applicants to apply for early hearing of the appeal. (A.V.POTDAR, J.) (P.V.HARDAS, J.) khs/SEPT. 2010/cri.appl.3543-10