APPA. 1024-11 - 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 1024 OF 2011 IN CRIMINAL APPEAL No. 736 OF 2010 Nabisab Karim Attar ... Applicant Vs. The State of Maharashtra ... Respondent *** Mr. Deepesh Yadav i/b Jayesh D. Talekar, for the Applicant. Ms. A. T. Jhaveri, APP, for the Respondent. *** CORAM : V. M. KANADE, A. M. THIPSAY, JJ. DATE : AUGUST 24, 2011 PC: 1. The applicant is directed to prepare a private paper book. The Registrar (Judl.) to send telephonic message to the Solapur District Court to send the record and proceedings immediately. 2. This is an application for bail. The learned counsel appearing for the applicant submits that the only material on the basis of which the applicant has been convicted is the dying declaration of the deceased. It is submitted that though four dying declarations were recorded, in the first two dying declarations, the deceased has not APPA. 1024-11 - 2 - implicated the applicant herein, and it is only in the third and fourth dying declarations his name has been mentioned. Most of the witnesses have turned hostile. There is obviously discrepancy in the dying declarations and in view of the judgment of the Apex Court in the case of – Khushal Rao, Appellant Vs. State of Bombay, Respondent1, it is difficult to rely on the other dying declarations. In our view, it would be appropriate if the appeal itself is heard finally instead of considering the application filed by the applicant for bail. Criminal bail application is, therefore, rejected and is accordingly disposed of. . Place the appeal on the final hearing board on 7th September, 2011. [ A. M. THIPSAY, J.] [ V. M. KANADE, J.] 1 A.I.R. 1958 Supreme Court 22.