1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CRIMINAL APPLICATION (APPA) NO.711 OF 2011 IN CRIMINAL APPEAL NO.33 OF 2010 (Mangal Lataruji Jounjalkar ..vs.. State of Maharashtra, through PSO Mouda, Nagpur) =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office Notes, Office Memorandum of Coram appearances, Court's orders or directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Shri A.C. Jaltare, Advocate for the applicant, Shri A.S. Parihar, A.P.P. for the respondent/State. C ORAM : P.V. HARDAS AND PRASANNA B. VARALE, JJ. DATED : 09-11-2011 The applicant/appellant, who stands convicted for an offence punishable under Section 302 of the Indian Penal Code, by this application, seeks suspension of the substantive sentence for imprisonment and his enlargement on bail pending the decision of the appeal. 2. The conviction of the applicant/appellant rests on strong circumstantial evidence, particularly in respect of the presence of the applicant/appellant near the deceased at about the time when deceased had sustained the injuries. Additionally, we find that the applicant/ appellant was not on bail during trial. The submissions advanced by Shri Jaltare, learned Counsel for the applicant/appellant that no reliance can be placed on the evidence of the brother of the applicant/appellant 2 namely, P.W.1-Damodhar pertaining to re-appreciation of evidence, which cannot be done at this stage. 3. That, in the light of existence of strong prima facie case and the conviction of the applicant/appellant, we are not inclined to allow the present application. Consequently, the present application is dismissed. We however grant liberty to the applicant/appellant to apply early hearing of the appeal. JUDGE JUDGE pma