1 Cri.Application No. 2184 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2184 OF 2011 IN CRIMINAL APPEAL NO.263 OF 2011 Uttam Santram Waghmare ..APPLICANT VERSUS The State of Maharashtra ..RESPONDENT Mr Joydeep Chatterji, Advocate for the applicant; Mr S.D. Kaldate, A.P.P. for the respondent CORAM : P.V. HARDAS AND A.V. POTDAR, JJ. DATE : 1st July, 2011 PER COURT : This is an application by the applicant, who prays for suspension of the substantive sentence of imprisonment for life and his enlargement on bail pending the decision of the appeal. The applicant, it appears, has been convicted by the Trial Court for an offence punishable under section 302 of the Indian Penal Code on the allegations that the applicant poured kerosene on his wife Asha on 22.6.2008 and set her ablaze. Asha ultimately succumbed to her injuries on 26.6.2008. The prosecution principally relied upon the dying declaration at Exh.33 recorded by P.W.4 Special Judicial Magistrate. The Trial Court accepted the aforesaid dying 2 Cri.Application No. 2184 of 2011 declaration and came to the conclusion that the prosecution had established the offence against the applicant beyond reasonable doubt. The applicant examined himself as a witness and contended that deceased Asha had set herself ablaze and consequently the applicant had not poured kerosene on her and had set her ablaze. 2. Mr Chatterji, learned Counsel for the applicant has urged before us that the applicant was on bail during trial and prima facie the applicant has made out a strong case for exercise of discretion by this Court. According to us, the appeal itself can be heard finally in the light of the fact that the prosecution has examined only six witnesses. Mr Chatterji, learned Counsel for the applicant, therefore, states that the applicant may be permitted to withdraw this application with liberty to file an application afresh for the same relief, in the event the appeal is not heard finally within three months from today. We accordingly permit the applicant to withdraw this application with the liberty as prayed for. We direct the Registry to ensure that the paper-book is prepared within four weeks from today. The appeal, therefore, be set down for hearing on receipt of the paper-book. (A.V. POTDAR, J.) ( P.V. HARDAS, J.) amj/criap2184.11