1 Cri.Appln. No.2874/11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2874 OF 2011 IN CRIMINAL APPEAL NO.356 OF 2011 Chandar s/o Laxman Rakhunde & anr ..APPLICANTS VERSUS The State of Maharashtra ..RESPONDENT Mr Paresh B. Patil, Advocate for the applicants; Mr S. K. Tambe, A.P.P. for the respondent CORAM : P.V. HARDAS AND A.V. POTDAR, JJ. DATE : 29th July, 2011 PER COURT By this application the applicants seek suspension of the substantive sentence of imprisonment and their enlargement on bail pending the decision of the appeal. Both the applicants stand convicted for an offence punishable under section 302 read with sec. 34 of the Indian Penal Code, on the allegations that the applicants had poured kerosene on Ujwala and had set her ablaze on 7.3.2007, at about 5.30 a.m. The prosecution principally relied upon the dying declaration at Exh. 17 recorded by P.W.2 an Executive Magistrate on 7.3.2007, at about 9.30 p.m. The Trial Court accepted the said dying declaration and accordingly convicted and sentenced the applicants. 2 Cri.Appln. No.2874/11 2. Shri Paresh Patil, learned Counsel for the applicants has urged before us that the applicants were on bail during trial and had not misused the discretion exercised by the Court in their favour during the trial. It is also urged before us that the dying declaration at Exh.20 completely exonerates the present applicants. The Trial Court has held that the dying declaration at Exh.20 has not been proved as the Executive Magistrate, who had recorded the dying declaration at Exh.17 was asked to identify the signature of the deceased as well as of the Magistrate who had recorded Exh.20. In any event, according to us, the aforesaid submissions pertain to re-appreciation of evidence, which cannot be done at this stage. Suffice it to state that the applicants have been convicted and there is a strong prima facie case made out by the prosecution justifying their conviction. In such circumstances, we are not inclined to suspend the substantive sentence and enlarge them on bail pending the decision of the appeal. 3. We, thus, see no merit in the present application and the application is, therefore, dismissed. The hearing of the appeal is, however, expedited. Leave is granted to the applicants for filing private paper-book, which they may do so within four weeks from today. On the paper-book being filed by the applicants, the appeal be set down for hearing. (A.V. POTDAR, J.) ( P.V. HARDAS, J.) amj/criap2874.11A