1 Criminal Appl.No.108 of 2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.108 OF 2011 Raja alias Raju Maruti Shinde and another APPLICANTS VERSUS The State of Maharashtra RESPONDENT Mr.A.R.Borulkar, learned counsel for the applicants. Mr.S.D.Kaldate, learned A.P.P. for respondent State. (CORAM : P.V.HARDAS, AND A.V.POTDAR, J.J.) DATE : 16/06/2011 PER COURT : 1. The applicants who are original accused no.1 and 2 and who stand convicted for an offence punishable u/s. 302, 120B, 397, 394 and accused no.1 stands convicted for an offence punishable u/s. 376 of The IPC alongwith other offences, by the Additional Sessions Judge-1, Beed by judgment dated 30/10/2010, by this application, seeks suspension of the substantive sentence of imprisonment and their enlargement on bail pending the decision of this appeal. The applicants were not on bail during the trial. 2. Shri.Borulkar, learned counsel for the applicants has urged 2 Criminal Appl.No.108 of 2011 before us that the evidence in respect of the identification of the accused is extremely weak, particularly in the light of the fact that there is no electricity supply, and secondly it is extremely doubtful if the victims had an opportunity of seeing the accused. With the assistance of the learned counsel for the applicants and the learned A.P.P. we have perused the evidence recorded by the Trial Court. The submissions advanced before us by the learned counsel for the applicants pertains to re-appreciation of evidence, which can not be done at this stage. Suffice it to state that the Trial Court has relied upon the testimony of the victims in so far as identification is concerned and is accordingly convicted and sentenced the applicants. In the light of the gravity of the offence with which the applicants have been charged and convicted, we are not inclined to allow the present application. 3. Resultantly, this application, which is sans merit, is therefore dismissed. (A.V.POTDAR, J.) (P.V.HARDAS, J.) khs/JUNE 2011/cri.appl.108-11