drp {1} Cri.Application No.4911/2010 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4911 OF 2010 IN CRIMINAL APPEAL NO.457 OF 2010 Mamta Yogesh Rajput APPLICANT VERSUS The State of Maharashtra RESPONDENT ....... Mr.R.K.Temkar, h/f Mr.A.I.Deshmukh, Advocate for applicant Mrs.R.K.Ladda,, APP for respondent State ....... [CORAM : P.V.HARDAS, AND A.V.POTDAR, J.J.] DATE : 25th January 2011 PER COURT: 1. The applicant, by this application, seeks suspension of the substantive sentence of imprisonment and her enlargement on bail, pending the decision of the appeal. The applicant is alleged to have committed murder of Kajal, a girl aged 2 years, by mixing an insecticide known as endosalfan with the medicine in the bottle. The applicant-accused was not on bail during the trial. drp {2} Cri.Application No.4911/2010 2. The trial court came to the conclusion that the evidence of the prosecution witnesses disclosed that the applicant had access to the room where the poisonous substance and the medicine were kept and had, therefore, mixed the poisonous substance with the medicine in the bottle. The CA report clearly disclose that Kajal had died on account of consumption of poisonous substance. The contents of the bottle, when examined by the Chemical Analyzer, also revealed an admixture of poisonous substance and the medicine. 3. We have heard Mr.R.K.Temkar, learned counsel for the applicant and Mrs.Ladda, learned APP, on behalf of the respondent State. The applicant was not on bail during the trial and the trial court has convicted the applicant upon appreciation of the evidence by recording a finding that the offence has been proved by the prosecution beyond reasonable doubt. The submission advanced before us by learned counsel for the applicant pertain to re-appreciation of the evidence, which cannot be done at this stage, however, since the applicant is a lady, we consider it appropriate to expedite the hearing of the appeal. 4. Accordingly, present application is dismissed, expediting hearing of the appeal. We permit the applicant to file a private paper book, within two weeks from today. The applicant need not enclose copies of the documents in the private paper book to be filed by the applicant. It would be sufficient if the applicant drp {3} Cri.Application No.4911/2010 files copies of the depositions of the witnesses as the Record and Proceedings has been received, this Court can refer to the documents from the Record and Proceedings. The appeal be set down for hearing as soon as the paper book is filed. Application is rejected with the aforesaid liberty and directions. [A.V.POTDAR, J.] [P.V.HARDAS, J.] drp/B10/criapln4911-10