1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 4389 OF 2009 IN CRIMINAL APPEAL NO. 637 OF 2009 Wasim Manwar Pinjari ...Applicant Orig. accused no. 2. VERSUS The State of Maharashtra, through P.I. P.Stn. Dondaicha, Tal. Sindkheda, Dist. Dhule ...Respondent Original complainant ..... Shri S.M.Godsay, advocate for the applicant Shri K.S.Patil, A.P.P. for respondent/State ..... CORAM : P.V.HARDAS AND SHRIHARI P.DAVARE, JJ. DATED : 01.02.2010 ORAL ORDER 1 The appellant, who stands convicted for an offence punishable under Section 302 of the Indian Penal Code and sentenced to imprisonment for life, by the Additional Sessions Judge, Dhule, in Sessions Case No. 63 of 2008, by this application, seeks the suspension of the substantive sentence 2 of imprisonment for life and his enlargement on bail pending decision of the appeal. 2 Undisputedly, the applicant was not on bail during trial. Undisputedly also, the evidence against the applicant comprises of circumstantial nature. The Trial Court at paragraph 6 of the judgment has culled out the various circumstances, which are appearing against the applicant. The Trial Court did not accept the circumstances relating to the recovery of weapon and the clothes at the instance of accused and relied upon other circumstances, which pointed out that the deceased was last seen alive in the company of the applicant/accused and at the behest of the applicant, a gold ring and a mobile cell of the deceased came to be recovered. 3 Mr.Godsay, learned counsel for the applicant has urged before us that none of the circumstances have been established in accordance with law, and therefore, the chain of circumstantial evidence is incomplete, and hence, no inference of guilt can be drawn on the basis of the said circumstances. 3 4 Prima facie, it appears that the Trial Court has relied upon the circumstances and has convicted and sentenced the applicant as afore stated. The submissions advanced before us by the learned counsel for the applicant pertain to re-appreciation of evidence, which cannot be done at this stage. Suffice it to say that there is evidence in respect of the involvement of the present applicant. In the peculiar facts of the present case, therefore, we are inclined to direct the listing of the appeal for hearing as soon as paper book has been received. We accordingly grant leave to the applicant to file private paper book within four weeks from today. We further direct that upon applicant filing the private paper book, within four weeks from today, appeal be set down for hearing within two weeks thereafter. 5 Criminal Application is accordingly dismissed with the afore said liberty. (SHRIHARI P. DAVARE, J.) (P.V.HARDAS, J.) dbm/crap4389.09