1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION NO. 689 OF 2011 IN CRIMINAL APPEAL NO. 170 OF 2011 (Gangadhar Govindrao Ninave .v. State of Maharashtra) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Shri A.K. Choube, Advocate for the applicant. Shri A.S. Parihar, APP for the respondent/State. CORAM : P.V. HARDAS AND PRASANNA B. VARALE, JJ. 08TH NOVEMBER, 2011. By this application, the applicant/original accused No. 1 seeks suspension of the substantive sentence of imprisonment and his enlargement on bail pending decision of the appeal. It appears that the applicant stands convicted for an offence punishable under Sections 302 and 498-A read with Section 34 of the Indian Penal Code on the allegations that the applicant had committed a murder of his wife Archana on 16.09.2009. The dead body of deceased Archana was found in well on 19.09.2009 and accordingly the report came to be lodged. The conviction of the applicant is based principally upon the testimony of the two witnesses namely PW-4 and PW-6 who had seen the applicant in the company of the other accused going towards his field. The well, in which the dead body of deceased Archana was found, is situated near the agricultural field of the accused. Admittedly, the applicant was not on bail during the trial. We have heard Shri A.K. Choube, the learned Counsel for the applicant and Shri A.S. Parihar, the learned APP for the respondent. The learned Counsel for the applicant has before us that the evidence of PW-4 and PW-6 taken on its face value does not in any manner implicate the present applicant and the applicant cannot be said to be guilty of an offence punishable 2 under Section 302 read with Section 34 of the Indian Penal Code. The learned APP has supported the findings arrived at by the learned trial Court. The submissions urged before us by the learned Counsel for the applicant pertain to re-appreciation of the evidence which cannot be done at this stage. Suffice to say that prima facie there exists strong circumstance in support of the conviction. In that light of the matter, therefore, we are not inclined to allow the present application. However, we find that the paper book has been prepared in this appeal and the other two accused are on bail and the applicant is behind the bars since the date of his arrest, we consider it proper to direct the appeal to be listed for final hearing. Accordingly, this application is dismissed. Registry is directed to place the present appeal for final hearing in the week commencing from 21st November, 2011. JUDGE JUDGE *rrg.