drp {1} Cri. Application No.5215/2010 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.5215 OF 2010 IN CRIMINAL APPEAL STAMP NO.441 OF 2010 Syed Chand s/o Syed Mohammed APPLICANT VERSUS The State of Maharashtra RESPONDENT ....... Mr.S.J.Salgare, Advocate for applicant (Appointed) Mr.N.H.Borade, APP for respondent State ....... [CORAM : P.V.HARDAS, AND A.V.POTDAR, J.J.] DATE : 11th February 2011 PER COURT: 1. By this application, the applicant-accused seeks suspension of the substantive sentence of imprisonment and his enlargement on bail, pending the decision of the appeal. We have heard Mr.Salgare, learned counsel for the applicant and learned APP on behalf of the respondent. 2. The applicant herein stands convicted for an offence punishable u/s 302 of the Indian Penal Code on the allegation that the applicant has committed murder of Mainabai on 13.05.2005 at about 9.45 p.m. The entire prosecution case revolves round the drp {2} Cri. Application No.5215/2010 testimony of PW-3, who is examined as an eye witness to the incident. Mr.Salgare attempted to point out to us that the evidence of PW-3 suffers from several infirmities and the trial court ought not to have placed reliance on the evidence of PW-3. Further it is urged before us that the medical evidence completely falsifies the ocular evidence of the eye witness. In such circumstances, therefore, it is prayed that the applicant-accused be enlarged on bail. 3. The aforesaid submissions pertain to re-appreciation of the evidence, which cannot be done at this stage. Suffice it to state that the trial court has found prima facie case against the accused and, therefore, has found sufficient material to arrive at a conclusion that the prosecution has proved the case against the accused beyond reasonable doubt. In view of that finding, according to us, the present application deserves to be dismissed. 4. We accordingly dismiss the present application. We however expedite the hearing of the appeal. Fees payable to Mr.Salgare, learned counsel appointed on behalf of the applicant, quantified at Rs.1000/- [A.V.POTDAR, J.] [P.V.HARDAS, J.] drp/A11/criapln5215-10