cran4159.11 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4159 OF 2011 IN CRIMINAL APPEAL NO. 495 OF 2011 Gajanan s/o Haribhau Vyavahare ...Applicant Versus The State of Maharashtra ...Respondent ..... Mr. N.S. Ghanekar, advocate for the applicant Mr. S.B. Pundkulwar, APP for respondent ..... CORAM : S. B. DESHMUKH AND A.M. THIPSAY, JJ. DATED : 15TH DECEMBER, 2011 P. C. :- 1 We have heard learned counsel Mr. Ghanekar for some time. He stated that the material brought against the present applicant is the evidence of Sonu (P.W.2), who is eye witness, daughter of the deceased and the applicant. According to the learned counsel, two dying declarations, which are on record, are variant. He submitted that the evidence of eye witness-child i.e. daughter-Sonu, is accepted by the trial court alongwith two dying declarations. 2 We have heard learned APP for the respondent-State. cran4159.11 -2- 3 Mr. Ghanekar, learned counsel for the applicant seeks leave to withdraw this application with liberty to move another application, if the appeal could not be heard within a period of six months. We have also taken into consideration the factum that a very small number of appeals of the year 2010 i.e. 16 jail appeals are pending for final hearing before this Court. 4 The criminal application stands dismissed as withdrawn with liberty in favour of the applicant to renew his request by filing an appropriate application, if the appeal could not be heard within six months from today. Since the private paper book is filed by the applicant/appellant, we expedite the hearing of the appeal. A copy of paper book is already received by the learned APP. Liberty to place on record two copies of Roznama. A set of which, be furnished to the learned APP. Mr. Ghanekar, learned counsel for the applicant states that, he would remove the office objection No. (ii) i.e. replace the document Exh. No. 1(5), 14 to 17, which are faint and he will also place on record a copy of charge sheet, which according to Registry, is faint. These objections be removed within four weeks. ( A. M. THIPSAY, J.) (S. B. DESHMUKH, J.) rlj/ cran4159.11 -3-