1 Criminal Application No.145 of 2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.145 OF 2011 IN CRIMINAL APPEAL NO.10 OF 2011 Kachru S/o.Narayan Wade APPLICANT VERSUS The State of Maharashtra RESPONDENT Mr.V.N.Damle h/f. Mr.S.S.Rathi, learned counsel for the applicant. Mrs.R.K.Ladda, learned A.P.P. for respondent State. (CORAM : P.V.HARDAS, AND A.V.POTDAR, J.J.) DATE : 15/02/2011 PER COURT : 1. This is an application filed by the applicant/appellant, seeking suspension of the substantive sentence of imprisonment and his enlargement on bail, pending the decision of the appeal. 2. The appellant stands convicted for an offence punishable u/s. 302 and u/s. 203 of The IPC and was sentenced to imprisonment for life and to pay fine of Rs.1,000/- respectively, by the Additional Sessions Judge, Parbhani, by judgment dated 23/12/2010. 3. It appears that the entire case hinges upon the evidence of Medical Officer, who had conducted the post mortem as well as the evidence of 2 Criminal Application No.145 of 2011 P.W.No.6, who was declared hostile and who did not support the prosecution. The Trial Court found that the evidence of P.W.No.6 Somnath stood falsified by the evidence of the Medical Officer, who had conducted the post mortem. Evidence of P.W.No.6 was that the door was locked from inside and upon opening the door, deceased was seen hanging from the hook by the saree. The Medical Officer has clearly opined that the ligature marks could not have been caused by the saree or oadhani, as it is described during the trial. According to the Medical Officer, the ligature marks could have been caused by the rope and the ligature marks are homicidal. 4. We have heard Shri.V.N.Damle, learned counsel for the applicant, who has referred to the various findings recorded by the Trial Court. The submissions advanced before us pertain to re-appreciation of evidence, which can not be done at this stage. Merely because the accused was on bail, is no ground to suspend the substantive sentence and to release him on bail. However, in the light of the fact that the applicant/accused was on bail, we expedite the hearing of the appeal. Learned counsel for the applicant seeks leave to file private paper book. We accordingly grant leave to file the private paper book. Private paper book be filed within 4 weeks and upon receipt of the paper book, the appeal be set down for final hearing. Application dismissed with the aforesaid directions. (A.V.POTDAR, J.) (P.V.HARDAS, J.) khs/FEB. 2011/cri.appl.145-11