1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION NO.555/2011 IN CRIMINAL APPEAL NO. 575/2010 ( Firozkhan s/o Gulam Mustafakhan and another .vs. 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 Mr. S.P. Dharmadhikari , Senior Advocate with Mr. G.A. Thakre, Advocate for the Appellants/applicants. Mrs. B.P. Maldhure, APP for Respondent. Mr. S.P. Bhandarkar, Advocate for applicant for Assisting the prosecution. CORAM : P.V.HARDAS & S.B. DESHMUKH, JJ. DATED : SEPTEMBER 07, 2011 By this application, the applicants seek suspension of the substantive sentence of imprisonment and their enlargement on bail pending the decision in the present appeal. The conviction of the applicants/appellants rests upon the testimony of two witnesses who are PW2 Abdul Wasum and PW6 Faraj Faruk Bali. It appears that the prosecution has also relied upon the test identification parade in which the witnesses had identified the accused. Mr. S.P. Dharmadhikari, learned senior counsel for the applicants has urged before us that there is delay in holding of the test identification parade and the test identification parade would stand vitiated on 2 account of publishing of the photographs of the applicants/accused before holding of the test identification parade. The learned senior counsel further urges before us that the evidence on record clearly indicates that the accused were taken to the Court for attending the various dates without their faces being masked. The learned senior counsel has also pointed out various short-coming in the evidence of PW2 Abdul Wasum and PW6 Faraj Faruk Bali. According to us, the aforesaid submissions pertained to reappreciation of the evidence which cannot be done at this stage. Suffice it to state that the conviction now rests on the testimony of the two witnesses. It appears that the applicants have undergone 3 to 4 years imprisonment and in the light of the fact that the private paper book has been filed, we are inclined to direct that this appeal be set down for hearing in the next week. Accordingly this application is dismissed. However, we direct the Registry to set down the appeal for final hearing on 13.9.2011. Criminal Application No.90/2011. This application to be considered at the time of final hearing. JUDGE JUDGE halwai