- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1627/2010 IN CRIMINAL APPEAL NO.198/2010 Raju s/o Sitaram Wagh. ...Applicant.. Versus The State of Maharashtra. ...Respondent... ..... Shri P.S. Paranjape, Advocate appointed for applicant. Shri N.R. Shaikh, APP for respondent. ..... CORAM: P.V. HARDAS & A.V. POTDAR , JJ. DATE: 20.09.2010 PER COURT : 1] By this application, the applicant / accused seeks suspension of the substantive sentence of imprisonment and his enlargement on bail pending the decision of the appeal. - 2 - 2] The evidence against the applicant comprises of two written dying declarations at Exhibits 15 and 30 recorded by the Executive Magistrate and the ASI respectively. Coupled with this, the prosecution relied upon the two oral dying declarations alleged to have been made by Anita to PW 7 Anjanbai and PW 8 Vijay. The trial Court has found that the written dying declarations could be relied upon and has also found that the oral dying declarations were reliable. The trial Court, therefore, convicted and sentenced the applicant for offence punishable u/s 302 of the Indian Penal Code on the allegations that the applicant had committed murder of his wife Anita on 4.11.2008. 3] We have heard Shri P.S. Paranjape, learned counsel appointed for the applicant and learned APP for the State. 4] Submissions are advanced before us in respect of the two written dying declarations at Exhibits 15 and 30. The submissions pertain to the acceptability and reliability of the aforesaid two dying declarations. The submissions advanced before us pertain to re-appreciation of evidence, which can not be done at this stage. Suffice it to state that there is prima facie material against the applicant / accused and, therefore, the applicant / accused is not entitled to be released on bail. Additionally, we find that the applicant / accused was not on bail during the trial. - 3 - 5] For the aforesaid reasons, there is no merit in the application and the application is rejected. We, however, quantify the fees payable to the learned counsel appointed on behalf of the applicant for arguing the bail application at Rs. 1,000/- (rupees one thousand only). (A.V. Potdar , J.) (P.V. Hardas, J.) ndk/cr209106