drp {1} Cri. Application No.5169/2010 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.5169 OF 2010 IN CRIMINAL APPEAL NO.479 OF 2010 Mahadeo Rangnath Shendge & Others APPLICANTS VERSUS The State of Maharashtra RESPONDENT ....... Mr.Rajendra Deshmukh, Advocate for the applicants Mr.D.V.Tele, APP for respondent-State ....... [CORAM : P.V.HARDAS, AND A.V.POTDAR, J.J.] DATE : 17th February 2011 PER COURT: 1. By this application, the applicants / original accused seek suspension of substantive sentence of imprisonment and their enlargement on bail, during the pendency of the appeal. 2. The applicants stand convicted for having committed murder of Hanumant and seriously injuring Ashrubai, wife of deceased Hanumant, in an incident dated 20.07.2008. The prosecution has principally relied on the evidence of PW-10 Ashrubai, who is the first informant as well as injured eye witness. The trial court has implicitly accepted her evidence and has found drp {2} Cri. Application No.5169/2010 that the other prosecution evidence was sufficient to establish the offence against the applicants, beyond reasonable doubt. Additionally, we find that the applicants were not on bail during the trial. 3. Mr.R.S.Deshmukh, learned counsel for the applicants, has urged before us that on account of the situation at the scene of offence, it was practically impossible for PW-10 Ashrubai to have seen the accused or identified them. It is, therefore, stated before us that the identification of the accused by PW-10 Ashrubai is extremely doubtful. The aforesaid submission and other submissions pertain to re-appreciation of evidence, which cannot be done at this stage. Suffice it to state that the trial court has found evidence of PW-10 Ashrubai to be reliable. In that light of the matter, therefore, we are not inclined to suspend the substantive sentence directing enlargement of the applicants on bail. 4. Accordingly, this application is rejected. Learned counsel for the applicants prays for leave to file a private paper book. Leave granted. Private Paper Book be filed within 6 weeks from today. On receipt of the paper book registry to list this appeal for final hearing before the Court. [A.V.POTDAR, J.] [P.V.HARDAS, J.] drp/A11/criapln5169-10