1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2377 OF 2010 IN CRIMINAL APPEAL NO.252 OF 2010 Manoj S/o.Budha Chavan, Age-27 years, Occu-Labour, R/o.Nandurga Tanda, Tq. Ausa, Dist. Latur APPLICANT VERSUS The State of Maharashtra RESPONDENT Mrs.S.S.Jadhav, learned counsel for the applicant. Mr.N.R.Shaikh, learned A.P.P.for State. (CORAM : P.V.HARDAS, AND A.V.POTDAR, J.J.) DATE : 25/08/2010 PER COURT : 1. By this application, the applicant/appellant seeks suspension of the substantive sentence of the imprisonment and his enlargement on bail pending the decision of this appeal. The applicant stands convicted for an offence punishable u/s. 302 r/w. 34 of The I.P.C, and is sentenced to imprisonment for life and to pay fine of Rs. 1,000/- with the default condition of undergoing further rigorous imprisonment for 2 months in the event of non payment of fine, by the Ad-hoc Additional Sessions Judge-2, Latur, by judgment dated 2 17/04/2010. 2. The conviction of the applicant is based upon the two dying declarations at Exh.65 and Exh.55 recorded by P.W.No.13 and P.W.No.11 respectively. The Trial Court accepted the aforesaid dying declarations and came to the conclusion that the prosecution had established the offence against the applicant beyond reasonable doubt and accordingly convicted and sentenced the applicant. 3. Mrs.S.S.Jadhav, learned counsel for the applicant has urged before us that the dying declaration at Exh.65 can not be relied upon as P.W.No.13 has not proved the contents of the dying declaration. It is, therefore, urged before us that the applicant has been successful in making out the case for suspension of the substantive sentence of imprisonment and his enlargement on bail pending the decision of the appeal. The learned A.P.P. has pointed out to us that even if Exh.65 is left out of consideration, prosecution has proved the contents as well as the offence against the applicant accused beyond reasonable doubt by virtue of the dying declaration at Exh.55 recorded by P.W.No.11. We have perused the evidence of P.W.No.11 and prima-facie we are satisfied that P.W.No.11 has proved the contents of the dying declaration. 4. In the light of the aforesaid evidence, according to us, no case for suspension of the substantive sentence of imprisonment is made out by the applicant and the application deserves to be dismissed. 3 Since the applicant is in custody and has been in custody right from the date of his arrest, we expedite the hearing of the appeal. Application dismissed. (A.V.POTDAR, J.) (P.V.HARDAS, J.) khs/AUGUST 2010/cri.appl.2377-10