1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3001 OF 2010 IN CRIMINAL APPEAL NO.300 OF 2010 Rafiq @ Raju s/o Chandsab Sayed ..Applicant (Orig.Accused No.1) Versus The State of Maharashtra Mr.S.J.Salgare, Advocate for applicant Mr.D.R.Kale, A.P.P. for respondent-State CORAM : P.V. HARDAS AND A.V. POTDAR, JJ. DATE : 31st AUGUST 2010 PER COURT : 1. This is an application by which the applicant seeks suspension of the substantive sentence of imprisonment and his enlargement on bail pending the decision of the appeal. 2. The applicant stands convicted for an offence punishable under Section 302 of the Indian Penal Code on the allegation that the applicant had committed murder of deceased Balu. The case rests on circumstantial evidence and the circumstances as culled out by the trial Court are found at paragraph 23 of the judgment. Amongst the various circumstances culled out by the trial Court, three circumstances are very strong and they are that the applicant/accused had gone to the Police Station in the auto-rickshaw at 30 minutes past midnight and his clothes were stained with blood. The accused had lodged the first information 2 report, which was inculpatory in nature which led the discovery of the dead body and the accused discovered the blood stained dagger. The clothes of the applicant/accused were found with blood of “A” group which matched with the blood group of deceased. Trial Court accepted the aforesaid circumstance and convicted the applicant. 3. We have heard learned Counsel for the applicant and we have perused the findings recorded by the trial Court. According to us, prima facie it appears that there are circumstances connecting the accused with the commission of the offence. In that light of the matter, therefore, we are not inclined to suspend the substantive sentence of imprisonment and enlarge the applicant on bail. Additionally, we find that the applicant was not on bail during the trial. Application is accordingly rejected. ( A.V. POTDAR, J.) ( P.V. HARDAS, J.) (vvr/3001.10criappln)