1 appa401.402.11.doc ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.401 OF 2011 IN CRIMINAL APPEAL NO. 351 OF 2010 Pratap A. Kanerkar. .. Applicant. V/s. The State of Maharashtra. .. Respondent. WITH CRIMINAL APPLICATION NO.402 OF 2011 IN CRIMINAL APPEAL NO. 352 OF 2010 Hambirrao B. Khamkar. .. Applicant. V/s. The State of Maharashtra. .. Respondent. Mr.A.P.Mundargi, Sr. Counsel i/b. Shekhar A. Ingawale, advocate for applicant. Mr. K.V.Saste, APP for State. CORAM : P.V. HARDAS & M.N. GILANI, JJ. DATE : MARCH 30, 2011. PER COURT: 1. These applications, since they have been filed by the appellants in Criminal Appeal No.351 of 2010 and Criminal Appeal No.352 of 2010 and since both the appeals arise from the same judgment of the trial court, these applications, which pray for suspension of the substantive sentences and their enlargement on bail pending decision of the appeals, are being decided by this common order. 2 appa401.402.11.doc 2 It appears that the entire prosecution case hinges upon the testimony of P.W. 4 Yuvraj as an eye witness and the evidences of the Tahasildar and the panch witnesses in respect of holding of test identification parade on 15th January, 2008. The learned trial court has accepted the evidence of P.W.4 as well as the evidence of test identification parade and has convicted and sentenced the appellants for offences punishable under section 302 r/w 34 and 201 r/w 34 of the Indian Penal Code. The learned Counsel for the applicants has referred to the evidence of the panch witnesses and the Tahasildar, who had conducted test identification parade to urge before us that in the light of various lacuna in the evidences of these witnesses no reliance at all could be placed on the memorandum of test identification parade. Similarly it is urged before us by the learned counsel for the applicants that since P.W.4 Yuvraj was not knowing the accused, his identification of the accused in court, without being tested by the valid identification parade, would not be enough to justify the conviction of the applicants. The learned APP opposed these applications and has urged for dismissal of the same. 3 The submission advanced before us by the learned counsel for the applicants pertains to re-appreciation of the evidence, which cannot be done at this stage. Suffice it to stated that the trial Court has placed implicit reliance on the evidence of P.W.4 Yuvraj, who is no doubt solitary witness. The trial Court has also accepted the evidence in respect of holding of test identification 3 appa401.402.11.doc parade and also placed reliance in the same being corroborative in nature as it corroborates identification by the P.W.4 Yuvraj in the court. The submissions advanced before us pertains to re- appreciation of the evidence, which cannot be done at this stage and consequently, we are not inclined to allow these applications. However, in the light of the fact that only evidence against the applicants/accused consists of the testimony of P.W.4 Yuvraj and the evidence relating test identification parade, we are inclined to expedite the hearing of the appeal. At this stage, the learned Counsel for the applicant submits that leave may be granted to the applicants to file private paper book within 8 weeks. We see no impediments whatsoever in acceding to the aforesaid request. 4 Accordingly, these criminal applications are dismissed expediting hearing of the appeals. Leave granted to the applicants to file private paper book within 8 weeks from today. After receipt of the private paper book, appeal be listed before the court for hearing. [ M.N. GILANI, J ] [ P.V. HARDAS, J ]