1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1341 OF 2009 IN CRIMINAL APPEAL NO. 548 OF 2005 Parvin Hamid Shaikh. .. Applicant.. vs. The State of Maharashtra. .. Respondent. Mr. Daulat G. Khamkar for the applicant.. Dr. F.R. Shaikh, APP., for the Respondent. CORAM : J. N. PATEL & A. A. SAYED, JJ. DATE : 16TH DECEMBER, 2009 P.C. : This an application for suspension of sentence by Parvin Hamid Shaikh. The applicant was tried along with her husband and brother-in-law for having committed murder of Fatima, wife of accused no. 1 Salim. Initially, an offence under section 307, 342 read with 34 IPC came to be recorded against the accused persons. But, subsequently 2 the victim having succumbed to the burn injuries it was converted into section 302 read with 34 IPC. The applicant along with others were tried for the said offence on the basis of evidence particularly the dying declaration of the deceased. The learned trial Court arrived at a finding that the applicant along with co-accused had committed murder of deceased Fatima by pouring kerosene on her person and setting her ablaze. 2. In her dying declaration Fatima, wife of accused no. 1, has specifically implicated the applicant/appellant Parvin as the person who set her ablaze with a match stick. 3. The learned counsel appearing for the applicant submitted that though the application of the applicant has been previously withdrawn he is making another attempt to seek suspension of sentence of the appellant as the appeal has not been taken up for hearing. 4. We specifically asked the learned counsel appearing for the appellant whether he is prepared to argue the appeal on merits to which he says he is not prepared in the matter. We do not find that any case is made out for suspending the sentence of Parvin Hamid Shaikh who has played an active role in commission of offence. 3 Therefore, the application is rejected. Appeal to be heard in due course. ( J. N. PATEL, J.) ( A. A. SAYED, J.)