FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINALAPPLICACION NO.1574 OF 2010 IN CRIMINAL APPEAL NO.168 OF 2010 ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ We heard learned Counsel for the applicant and learned A.P.P. for respondent State. 2 By this application, the applicant seeks enlargement on bail during pendency of appeal against conviction filed before this Court. 3 With the assistance of the learned Counsel for the parties, we have perused the record including judgment of the trial Court. It is the case wherein the learned trial Judge has considered the oral dying declaration of brother of the deceased and the evidence of Dr. Kamble, who treated the deceased at earlier point of time i.e. immediately after the occurrence. The learned A.P.P. points out from paragraph 19 the circumstances considered by the trial Court. 4 The Counsel for the applicant states that the applicant was not on bail during the trial. However, material brought on record is not sufficient at this stage to detain the applicant behind the bars. He seeks enlargement of the applicant on bail during pendency of the appeal. 5 We have given due consideration to the submissions made by the parties. We have seen the material brought on record by the prosecution and the circumstances which have been considered by the trial Court. We have also taken into account the genesis of the occurrence, alleged oral dying declaration by the deceased to his brother Bhausaheb Surase (P.W.1) and the evidence of Dr. Kamble, who had extended medical treatment to the deceased. We have also considered the circumstance that discovery statement was made by the applicant during police custody and at his instance, knife had been recovered. Medical evidence and the material brought on record have been perused by us. Prima facie, we do not feel that the case for suspension of sentence and enlargement of the applicant on bail has been established by the applicant. Criminal Application is, therefore, rejected. (S.S. SHINDE, J) (S.B. DESHMUKH,J) 24.06.2010. kadam/*