1 cr­appa­192­11 jdk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI. APPLICATION NO. 192 OF 2011 IN CRI. APPEAL NO. 647 OF 2010 Sunanda Mohan Dhawale ..Applicant Vs. The State of Maharashtra ..Respondent .... Mr. R.R.Galange (Mahagaonkar) Advocate for applicant Mr. Y.S.Shinde A.P.P. for the Respondent-State .... CORAM : P.V.HARDAS AND M.N.GILANI, JJ. DATED : MARCH 29, 2011 PER COURT: 1 This is an application filed by the accused who seeks her enlargement on bail by suspending of substantive sentence during the pendency of the appeal. 2 The evidence of the prosecution consists of testimony of P.W.2 Somnath who is an eye witness, the dying declaration at Exh. 28 on the basis of which the offence came to be registered, recovery of knife at the 2 cr­appa­192­11 instance of the accused and the report of the Chemical Analyzer which shows that the knife was stained with blood of `B’ group. 3 The learned Counsel for the applicant has urged before us that the admissions of P.W.2 Somnath in the cross-examination clearly indicate that he was not present at the scene of offence and name of P.W.2 is not referred to as being present at the scene of offence by the deceased in his dying declaration at Exh. 28. It is also urged before us that the prosecution has failed to establish the cause of death. Lastly, it is urged before us that the applicant was on bail during the trial. The learned A.P.P. has opposed the application by contending that the trial Court has found the evidence of P.W. 2 Somnath to be reliable as well as the trial Court has placed implicit reliance on the dying declaration as well as the recovery of knife. 4 The submissions advanced before us by the learned Counsel for the applicant pertain to re-appreciation of evidence which cannot be done at this stage. We have perused the evidence as well as the findings recorded by the trial Court and upon such perusal, according to us, a strong prima facie case is made out against the applicant and therefore this application is liable to be rejected though the applicant was on bail during the trial. 3 cr­appa­192­11 5 Accordingly application is rejected. However, hearing of the appeal is expedited. [ M.N.GILANI, J. ] [ P.V.HARDAS, J. ]