1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3442 OF 2010 IN CRIMINAL APPEAL NO.320 OF 2010 Balaji S/o.Digambar Lutte, Age-31 years, Occu-Agriculturist, R/o.Hokarna, Tq.Mukhed, Dist. Nanded APPLICANT VERSUS The State of Maharashtra RESPONDENT Mr.A.M.Gaikwad, learned counsel for the appellant. Mr.D.R.Kale, learned A.P.P. for respondent State. (CORAM : P.V.HARDAS, AND A.V.POTDAR, J.J.) DATE : 22/11/2010 PER COURT : 1. The Applicant, by this application, prays for suspension of the substantive sentence of imprisonment and his enlargement on bail pending the decision of this appeal. The applicant accused came to be convicted for an offence punishable u/s. 302 of The IPC on the allegations that the applicant had assaulted deceased Mohan on 18/06/2009 on account of a dispute relating to flow of the water in the canal. Deceased Mohan, ultimately is said to have died as a result of heart seizure, which was on account of the previous heard 2 ailment, with which he was suffering. The Trial Court, upon appreciation of the evidence of the prosecution witnesses, came to the conclusion that the applicant accused had committed the aforesaid offence. The applicant was not on bail during the trial. 2. Shri.Gaikwad, learned counsel for the applicant has alleged before us that the evidence of the medical officer clearly indicates that deceased died on account of the heard ailment and died on account of the injuries caused to deceased. The evidence of the Meidcal Officer is clear on the point that any person, suffering from heart ailment, could have died apprehending injury in an assault. The submissions of Shri.Gaikwad pertains to re-appreciation of evidence, which can not be done at this stage. However, we are no inclined to grant bail, but we direct that the appeal be listed for hearing by permitting the applicant to file private paper book. Accordingly, criminal application is dismissed. Leave granted to the applicant to file private paper book within 4 weeks from today. On such private paper book being filed , the appeal be listed for hearing immediatley. Application dismissed with the aforesaid leave. (A.V.POTDAR, J.) (P.V.HARDAS, J.) khs/NOV. 2010/cri.appl.3442-10