20.12APPA533.11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION NO. 533 OF 2011 IN CRIMINAL APPEAL NO. 401/2011 Baban Ramdas Madavi .vs. The State of Maharashtra Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. M.P. Kariya, Advocate for applicant. Mr. R.S. Nayak, A.P.P. for respondent. CORAM : P.V. HARDAS & PRASANNA B. VARALE, JJ. DATED : DECEMBER 20, 2011. 1] By this application, the applicant seeks suspension of the substantive sentence of imprisonment and his enlargement on bail pending decision of the appeal. 2] The applicant stands convicted for having committed murder of deceased Gulabrao on 28.1.2010 at about 7 a.m. The trial Court in paragraph 18 has come to the conclusion that the circumstances against the applicant are (i) motive, (ii) presence of the accused near the place immediately before the incident, (iii) discovery of the clothes of the accused and the weapon of the offence at the 20.12APPA533.11 2 instance of accused and (iv) finding of blood of ‘A’ group on the clothes as well as on the blade of the axe and failure of the accused to offer any explanation. 3] The trial Court came to the conclusion in respect of the first circumstance that the deceased had advanced certain amount to the accused which was to be repaid by the accused while in service of the deceased. Since the accused had left the employment of the deceased, the deceased was frequently demanding the repayment of the said amount. It appears that the accused had also threatened the deceased. Thus, the trial Court came to the conclusion that there was strong reliable evidence in respect of motive. 4] In respect of the other circumstance, i.e. the presence of the accused near the scene of the incident, the trial Court came to the conclusion that evidence of PW.4 Pravin was not challenged at all in the cross-examination. Nothing of substance was elicited in the cross-examination. In respect of the discovery of the incriminating articles, the trial Court came to the conclusion that the prosecution had proved that the accused had discovered the said articles, i.e. his clothes and the blade of the axe from the house. 20.12APPA533.11 3 Though the panch witnesses did not in turn support the prosecution case, the trial Court came to the conclusion that the evidence of the police officer could not be rejected. The finding of blood of ‘A’ group on the clothes as well as on the blade of the axe was strong circumstance against the accused. The trial Court, therefore, came to the conclusion that prosecution had proved the offence against the applicant/accused beyond reasonable doubt. 5] We have heard the learned Counsel for the applicant and the learned A.P.P. The submissions of the learned Counsel for the applicant that the evidence is not reliable and the inference sought to be drawn by the trial Court is impermissible on the basis of the evidence on record are submissions pertaining to re-appreciation of evidence which cannot be done at this stage. Suffice it to state that the trial Court has convicted the appellant/ accused on the basis of the evidence which the trial Court has found reliable. 6] We thus find that there is no material on record to justify the suspension of the substantive sentence and direct the release of the applicant on bail during the pendency of the appeal. In that light of the matter, there 20.12APPA533.11 4 being no merit in the present application, the application is dismissed. Judge Judge J.