cran4923.11 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4923 OF 2011 IN CRIMINAL APPEAL NO. 606 OF 2011 Jahir Baig s/o Sawar Baig and others ...Applicants Versus The State of Maharashtra ...Respondent ..... Smt. Sadhana S. Jadhav with Mr. Satej S. Jadhav, advocates for the applicants Mrs. A.V. Gondhalekar, APP for respondent ..... CORAM : S. B. DESHMUKH AND A.M. THIPSAY, JJ. DATED : 20TH DECEMBER, 2011 P. C. :- 1 We have heard Smt. Jadhav, learned counsel for the applicants. She has made available the copies of depositions. A copy thereof has been furnished to the learned APP. 2 Smt. Jadhav, learned counsel, took us to the evidence of P.W.8 Roopa Chitrak, who recorded the dying declaration Exh.44 as well as cran4923.11 -2- she invited our attention to the evidence of P.W.9. 3 The learned APP took us to the judgment of the trial court. She points out that the learned trial court has believed the dying declaration at Exh.44 and considering the material brought on record, has convicted the applicants. 4 The argument of the learned counsel for the applicants, pertains to reappreciation of the evidence, which in our opinion, would not be advisable while considering the application for suspension of life imprisonment and enlargement of the applicants on bail, even though all the applicants were on bail during trial. 5 Smt. Jadhav, learned counsel states that she would place on record the copies of private paper books and she further seeks leave to mention the matter for final hearing. Learned APP has no objection for hearing of this appeal expeditiously. 6 We have considered the pendency of the matters/appeals, wherein the accused persons are in jail and/or on bail. 7 Smt. Jadhav, learned counsel on instructions, seeks withdrawal of this application with liberty to place on record the copies of private cran4923.11 -3- paper books and further liberty to mention the appeal for early hearing. 8 In view of the above, the criminal application stands dismissed/disposed of, with liberty in favour of the applicants to place on record the copies of private paper books within three weeks. After placing on record the copies of private paper books, liberty in favour of the applicants to mention the matter for fixing early date of hearing. 9 Hearing of the appeal is expedited. ( A. M. THIPSAY, J.) (S. B. DESHMUKH, J.) rlj/