Cri.Application No.2312 of 2011 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2312 OF 2011 IN CRIMINAL APPEAL NO.276 OF 2011 Anmolsingh s/o Swarnsingh Jabbal ..Applicant Versus The State of Maharashtra ..Respondent Smt.S.S.Jadhav, Advocate for applicant Mr S.D.Kaldate, A.P.P. for respondent-State CORAM : P.V. HARDAS AND A.V. POTDAR, JJ. DATE : 5th July 2011 PER COURT 1. This is an application by the applicant/appellant, who seeks suspension of the substantive sentence of imprisonment and his enlargement on bail during the pendency of the appeal. Admittedly, the applicant/accused was not on bail during trial. 2. The trial Court upon appreciation of the evidence has convicted the appellant/accused for an offence punishable under Section 302 and 201 of the Indian Penal Code on the allegations that the applicant had committed murder of his co-worker i.e. Shraddha. The trial Court at paragraph 28 of the judgment has enlisted the circumstances on the basis of which the trial Court came to the conclusion that the chain of circumstantial evidence was complete, which excluded every hypothesis Cri.Application No.2312 of 2011 2 of the innocence of the accused and unerringly pointed to the guilt of the accused. One of the strongest circumstances against the accused is the finding of his vehicle on the basis of the disclosure memorandum of the accused and finding of a blood stained spanner in the vehicle. The report of the Chemical Analyzer shows that the blood stains found on this spanner and the other articles found in the car were of the blood group of deceased and the D.N.A. report confirmed that the blood stains on this spanner were that of deceased. In that light of the matter, therefore, according to us there exists a strong prima facie case and, therefore, the applicant/accused is not entitled for the relief prayed for in this application. 3. Since we are already hearing criminal appeals of the year 2010-2011, we direct the expeditious hearing of this appeal and permit the applicant to file private paper-book within six weeks from today in accordance with the High Court Appellate Side Rules. Registry to list this appeal for hearing after the private paper-book is filed. 4. Application is accordingly dismissed with the directions stated above. ( A.V. POTDAR, J. ) ( P.V. HARDAS, J. ) (vvr/2312.11criappln)