1 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Criminal Application No.1127 of 2009 In Criminal Appeal No.717 of 2008 Vijay Mangela & anr. Applicants Vs. State of Maharashtra Respondent Mr.Shirish Gupte, Senior Counsel with Mr.H.E.Palwe for applicants. Mr.D.P.Adsule, APP for State. CORAM: B. H. MARLAPALLE & MRS.MRIDULA BHATKAR, JJ. March 23, 2010. P.C. 1. We have heard Mr.Gupte, the learned Senior Counsel with Mr.Palwe for the applicants (accused nos.1 and 2). Mr.Adsule appears for the State. 2. Admittedly “Homakunda” was going on in the house of the accused on 10/2/2006 and the deceased was present when the said ceremony was in progress. She sustained burn injuries and as per the prosecution case on 2 10/2/2006 when the mother of the deceased (PW 2 Sunanda) visited the house of the accused, she was not informed that the deceased had sustained burn injuries. It was only on 11/2/2006 when the parents of the deceased suspected some foul play, the deceased was shifted to the hospital and ultimately died on 14/2/2006. The learned trial Judge has considered the evidence of PW -1 Mangesh, PW 2 -Sunanda, PW 6 – Dr. Patil, PW 5 – Dr. Sunitkumar and also the dying declaration recorded on 11/2/2006 (Exhibit 64). 3. It was submitted by Mr.Gupte that it was basically a religious ceremony in which perhaps the deceased also believed and it is difficult to believe that she was dragged in the fire. Mr.Gupte has also relied upon a decision of this Court in the case of Laxmibai Maruti Satpute & ors. Vs. State of Maharashtra [2010 ALL MR (Cri) 182]. 4. We have perused the reasoning set out in the order of conviction and the arguments advanced before us and we are satisfied that there is no case made out to suspend the order of sentence in this case so as to release the applicants on bail under Section 389 of Cr.P.C. 3 5. Hence the application is rejected. Hearing of the appeal is expedited. 6. Liberty to file private paper book which will be certified by the Registry. (MRS.MRIDULA BHATKAR, J.) (B. H. MARLAPALLE, J.)