1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application (APPA) No. 753 of 2010 in Criminal Appeal No. 577 of 2010. Ravi Laxminarayan Agrawal ..VERSUS.. State of Maharashtra, through P.S.O., P.S., Pandharkawada, Dist. Yavatmal. Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. Abhay R. Sambre, Advocate for the applicant. Mr. S.M.Bhagde, A.P.P. for the respondent-State. CORAM : Prasanna B. Varale, J. DATED : 19 th Novem ber , 2010 . Heard. This application has been filed by the applicant/accused for suspension of sentence and grant of bail. The applicant/appellant has been convicted for the offences punishable under sections 498-A and 304-B of Indian Penal Code in Sessions Trial No. 15/2004 by the judgment and order dated 14/9/2010 and sentenced to suffer R.I. for 3 years and to pay fine of Rs.10,000/- in default to undergo S.I. for six months for offence punishable under Section 498-A IPC and to suffer S.I. for ten years for the offence punishable under Section 304- B of IPC. The applicant has filed appeal and raised substantial grounds challenging the impugned judgment and order. Learned Advocate for the applicant submitted that the learned trial court has erred in arriving at conclusion and the appreciation of evidence by the learned court below is not in conformity with the evidence on record. He further submitted that, apart from the merits of the matter, the applicant/appellant is having old parents and one brother, who is mentally challenged and the applicant is the only person to look after 2 them. As such their responsibility is on the shoulder of the applicant. By inviting my attention to the impugned judgment, learned Advocate for the applicant has referred to the observation of the learned court below in respect of dying declaration (Exh.32). Learned Advocate further submitted that in the dying declaration, the victim has stated that she died due to accidental fire. The learned Court below has observed that there is no certification of the medical officer, whereas the record show that the medical officer has certified that the dying declaration is recorded in his presence and also certified that the patient was conscious and was fit for giving dying declaration. Learned Advocate further submits that this erroneous appreciation of the evidence goes to the root of the matter. Learned Advocate further submits that the applicant was on bail during the period of the trial and he has complied with the directions/conditions and he is ready to abide by the conditions imposed by this Court. In view of the submissions of learned Advocate for the applicant and the grounds raised in the application, the application is allowed. The substantive sentence of imprisonment awarded by the judgment and order passed by learned Jt. Ad-hoc Additional Sessions Judge, Kelapur (Pandharkawada) in S.T. No. 15/2004 shall stand suspended during the pendency of the present appeal and the applicant/accused be released on bail on the same terms and conditions as were before the trial court. Criminal Application is disposed of. Hamdast permitted. JUDGE Diwale