APPA 789/11 Page 1 of 2 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APPA) NO. 789 OF 2011 IN CRIMINAL APPEAL No. 26 of 2011 UMESH DUDHARAM VANJARI VERSUS STATE OF MAH, THROUGH P.S.O., P.S., KOTWALI, NAGPUR - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. H. P. Lingayat, Advocate for the applicant. Mr. R. S. Nayak, A.P.P. for the respondent/State. CORAM : P.V.HARDAS AND P.B. VARALE, JJ. DATE : 14th DECEMBER, 2011. By this application, the applicant/appellant seeks suspension of the substantive sentence of imprisonment and his enlargement on bail pending decision of the appeal. It appears that the applicant had earlier filed Criminal Application No. 57/2011, which came to be rejected by the Division bench of this Court by order dated 15.03.2011. The Division Bench found that there were three written dying declarations recorded by P.W.7 SEO Kamble, P.W.8 PC Bute and P.W.10 PSI Nanda and the recitals in the three dying declarations were consistent that the applicant had poured kerosene on deceased Chhaya and had set her ablaze. The present application is a second application, which is filed for the same relief. APPA 789/11 Page 2 of 2 We have heard Mr. Lingayat, the learned counsel for the applicant and we have perused the grounds for filing of the present application. We do not find that there is any change in the circumstances warranting this Court to exercise its discretion of suspending the substantive sentence and directing release of the applicant on bail. Additionally, the applicant was not on bail during the trial. The criminal application is accordingly rejected. JUDGE JUDGE Diwale