1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No.148 of 2009 In Criminal Appeal No.527 of 2006 Abdul Wahab @ Kalya s/o Abdul Samad v. The State of Maharashtra) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri N.A. Badar, Advocate for Applicant. Shri P.D. Kothari, APP for Respondent. Coram : A.P. Lavande and R.C. Chavan, JJ. Dated : 22 nd March, 2010 This is an application for suspension of sentence and bail filed by the original accused No.1. According to the learned counsel for the applicant, the learned Trial Court has relied upon three dying declarations Exhibits 61, 66 and 77 recorded by the police officers and Executive Magistrate respectively. In none of these dying declarations, the person, who recorded these dying declaration, has deposed as to the contents of the same and as such the said dying declarations cannot be relied upon. In support of this submission, he relied upon the judgment of this Court in Deorao s/o Sonbaji Bhalerao and another v. State of Maharashtra, reported in 2008 2 ALL MR (Cri) 1921. Since the issue is covered by the judgment of this Court, the learned counsel for the applicant submits that Criminal Appeal No.527 of 2006 itself be taken up for final hearing. The learned APP for the respondent has no objection. The learned counsel for the applicant undertakes to supply copies of the evidence of the relevant witnesses to the learned APP within a period of two weeks. In view of above, Criminal Application No.148 of 2009 is disposed of. Criminal Appeal No.527 of 2007 be listed for final hearing, subject to the learned counsel supplying the copies of the evidence of the relevant witnesses to the learned APP within the stipulated period. S.O. to 12-4-2010 for final hearing for the appeal. High on board. Judge. Judge. pdl