{1} Cri. Application No.2462/2011 drp IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2462 OF 2011 IN CRIMINAL APPEAL NO.293 OF 2011 Bhausaheb Maharudra Aaglave APPLICANT VERSUS The State of Maharashtra RESPONDENT ....... Mr.Joydeep Chatterji, Advocate for the applicant Mr.S,D.Kaldate, APP for respondent State ....... [CORAM : P.V.HARDAS, AND A.V.POTDAR, J.J.] DATE : 14 th July 2011 PER COURT: 1. This is an application by which the applicant / appellant seeks suspension of the substantive sentence of imprisonment and his enlargement on bail, pending the decision of the appeal. The appellant stands convicted for an offence punishable u/s 302 of the Indian Penal Code on the allegations that he had set ablaze his wife Yashoda on 26.05.2010 and had committed her murder. Prosecution case revolves round the two dying declarations at Exhibit-40 and Exhibit-44. The accused {2} Cri. Application No.2462/2011 relied on the history in the medical case papers at Exhibit-46, recorded on 26.05.2010 at 7.15 p.m. wherein history of accidental burns was recorded. The parents of deceased Yashoda, though examined as prosecution witnesses, unfortunately did not support the prosecution and were declared hostile and also supported the case of accidental burns. 2. Mr.Chatterjee, learned counsel for the applicant has very fairly stated before us that the applicant was not on bail during the trial and after arguing for some time seeks to withdraw this application and prays that hearing of the appeal may be expedited. We see no impediment, whatsoever, in permitting the applicant to withdraw this application and directing expeditious disposal of the appeal, since we are already hearing criminal appeals of the year 2010-11. 3. In that light of the matter, therefore, this application is dismissed as withdrawn with a direction that paper book be prepared within 6 weeks from today and after receipt of the paper book the appeal be set down for hearing. Application is accordingly dismissed as withdrawn with the aforesaid direction. [A.V.POTDAR, J.] [P.V.HARDAS, J.] drp/B11/criapln2462-11