1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APPA) No. 674 of 2011 IN CRIMINAL APPEAL NO. 469 OF 2011 SANJAY TATYAJI BOREKAR VERSUS STATE OF MAH. THRU. P.S.O., P.S., GIRAD, DIST. WARDHA - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. M. B. Naidu, Advocate for the applicant/appellant. Mr. A. S. Fulzele, A.P.P. for respondent. CORAM : P.V.HARDAS AND P.B. VARALE, JJ. DATE : 07th DECEMBER, 2011. By this application, the applicant/appellant seeks suspension of the substantive sentence and his enlargement on bail, pending decision of the appeal. The applicant has been sentenced for an offence punishable under Section 302 of the Indian Penal Code on the allegations that the applicant/appellant had poured kerosene on his wife Nilima and had set her ablaze. The prosecution case revolves principally around the dying declarations at Exhs. 35 and 57 of Nilima, recorded by the authorities. Mr. Naidu, the learned counsel for the applicant/appellant has urged before us that taking into consideration the evidence of P.W.6 Dilip Zade that the applicant was sitting beside him near the pan kiosk, the averments in the dying declarations are proved to be false. Even otherwise, Mr. Naidu, 2 the learned counsel for the applicant/appellant contends that before recording the dying declarations, injured Nilima had been administered sedatives and consequently no reliance could be placed upon the dying declarations at Exhs.35 & 57. Mr. Fulzele, the learned Additional Public Prosecutor for the State has urged before us for dismissal of the application. Undisputedly, injured Nilima had sustained 94% burns and two dying declarations at Exhs.35 and 57 had been recorded. In both the dying declarations Nilima had implicated the present applicant. The submissions advanced before us by the learned counsel for the applicant/appellant pertain to re-appreciation of the evidence, which cannot be done at this stage. However, looking to the fact that the conviction is based solely on the two written dying declarations and the fact that the applicant/appellant was not on bail during trial, we are inclined to expedite the hearing of this appeal. Consequently, we direct the Registry to expeditiously prepare the paper-book of this appeal and the appeal, thereafter, be listed for final hearing. The criminal application is dismissed accordingly with the aforesaid directions. CRIMINAL APPEAL NO. 469 OF 2011 It has been brought to our notice that inadvertently in our order dated 12th October, 2011, the word “ADMIT” has not been typed. 3 We, accordingly, direct the correction of this order. The word “ADMIT” should be incorporated in the order dated 12th October, 2011. JUDGE JUDGE Diwale