1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. CRIMINAL APPLICATION NO.1881 OF 2010 IN CRIMINAL APPEAL NO. 191 OF 2010 Madhav s/o Sayyaji Redas, Age : 25 years, Occu.Nil, R/o Barul, Tq. Kandhar, District Nanded ..APPLICANT VERSUS The State of Maharashtra ..RESPONDENT Smt. S.S. Jadhav, Advocate for the applicant; Mr D.R. Kale, A.P.P. for the respondent. CORAM : P.V. HARDAS AND A.V. POTDAR, JJ. DATE : 6th September, 2010 PER COURT : By this application the applicant/appellant seeks suspension of the substantive sentence of imprisonment and his enlargement on bail pending the decision of the appeal. 2. 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 deceased Madhav on 6.1.2009. The Trial Court 2 has enlisted various circumstances including the circumstance that the deceased was last seen alive in the company of the accused and the Court has also held that motive as a fact was established. The Trial Court has also found that the axe came to be recovered from the accused which was stained with blood of "A" group, which matched that of the deceased. The clothes of the accused though were found stained with human blood, the group could not be determined. 3. Curiously, the accused has not offered any explanation in respect of finding of the axe stained with blood of group "A", which matched that of the deceased. 4. This is a case resting on circumstantial evidence and the learned Counsel for the applicant has urged before us that the prosecution has utterly failed to establish motive. It is also urged before us that the evidence led by the prosecution is inconclusive for establishing the chain of circumstantial evidence and, therefore, the inference that it is the accused and the accused alone who has committed the murder of deceased cannot be drawn. 5. The submissions advanced before us pertain to reappreciation of evidence, which cannot be done at this stage. However, looking to the evidence of the prosecution though we are inclined to dismiss this application for bail, we grant leave to the applicant to file a private paper 3 book within six weeks from today. The applicant may thereafter urge the Court for expeditious hearing of the application. Application dismissed with the aforesaid directions. (A.V. POTDAR, J. ( P.V.HARDAS, J.) amj/criap1881.10