1 Cri.Application No. 4726 of 2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4726 OF 2010 Madhukar s/o Maroti Halse ..APPLICANT VERSUS The State of Maharashtra ..RESPONDENT Mr Abhishek G. Kulkarni, Advocate (appointed) for the applicant; Mr D.V. Tele, A.P.P. for the respondent. CORAM : P.V. HARDAS AND A.V. POTDAR, JJ. DATE : 24th January, 2011 PER COURT : The applicant by this application seeks suspension of the substantive sentence and his enlargement on bail pending the decision of the appeal. The applicant stands convicted for an offence punishable under section 302 of the Indian Penal Code on the allegations that the applicant had committed murder of Baburao, his real brother, in the night intervening between 2nd and 3rd December, 2004. 2. Though prosecution examined ten witnesses, none of the witnesses on the material aspect of the prosecution case supported the 2 Cri.Application No. 4726 of 2010 prosecution and ultimately the Trial Court based its conviction on the evidence of P.W.5 Shobha. P.W.5 Shobha claimed to be an eye-witness and in the examination-in-chief had stated that she had witnessed the accused assaulting the deceased with stick and scythe. However, in the cross-examination she has in terms admitted that she had not witnessed the accused while assaulting the deceased as she was asleep. The question, therefore, relates to the re-appreciation of evidence of P.W.5 Shobha. The applicant/accused, though had been released on bail initially, was taken into custody and when the judgment came to be pronounced the applicant/accused was not on bail. However, in the light of the fact that the pivot of the prosecution case now rests on the testimony of P.W.5 Shobha, we direct that the appeal be set down for hearing within two weeks from today. We direct that preparation of paper- book be dispensed with. Accordingly, this appeal to be listed for final hearing on 14.2.2011. We quantify the fees payable to the learned Counsel appointed on behalf of the applicant for arguing this application for bail at Rs.500/-. (A.V. POTDAR, J.) ( P.V. HARDAS, J.) amj/criap4726.10