1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO.636 OF 2011 (APPA) IN CRIMINAL APPEAL NO.267 OF 2008 Pandhari Tulavi .Vrs.. State of Maharashtra ---------------------------------------------------------------------------------------------------- Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders. Orders. ( Mr. V. N. Morande, Advocate for appellant. Mrs. B.P. Maldhure, A.P.P. for the respondent-State.) --00-- CORAM : P. V. HARDAS & S. B. DESHMUKH, J J. DATED : 03 rd OCTOBER, 2011. This is an application, by which the applicant/appellant seeks suspension of the substantive sentence of imprisonment for an offence punishable under Section 302 of the Indian Penal Code and seeks his enlargement on bail. 02. The case against the appellant rests on the circumstantial evidence. The learned Trial Court has relied upon the circumstance of discovery of dead body of deceased at the behest of the applicant. The learned Trial Court, therefore, came to the conclusion, that the prosecution had proved the offence against the applicant beyond reasonable doubt. 03. Mr. V. N. Morande, learned Counsel for the applicant, has urged before us that the evidence of 2 the panch witnesses does not support the prosecution. In fact, according to Mr. V. N. Morande, learned Counsel for the applicant, one of the panch witness to the discovery memorandum admits that the spot was shown by the applicant a day of prior to the alleged discovery. Mr. Morande, learned Counsel for the applicant, therefore, submits that in the light of the discrepant evidence of the panch witnesses no reliance ought to have been placed by the learned Trial Court on the statement relating to the discovery of dead body. The learned A.P.P. has urged for dismissal of this application on the ground that the learned Trial Court has relied upon the circumstance of discovery of the dead body and that circumstance proves the offence against the applicant beyond reasonable doubt. 04. The submission of learned Counsel for the applicant pertains to re-appreciation of evidence, particularly re-appreciation of the evidence of the two panch witnesses and the investigating officer in respect of the discovery of dead body at the behest of the applicant. The aforesaid re-appreciation cannot be done at this stage of considering plea for suspension of sentence. In that light of the matter, therefore, we are not inclined to suspend the substantive sentence of imprisonment and enlarge the applicant on bail. Criminal application is 3 accordingly dismissed. 05. Mr. V. N. Morande, learned Counsel for the applicant, at this stage prays for early hearing of the Appeal as paper book is ready. Since we are hearing criminal Appeals of the year 2005-2006, we permit the applicant to renew his request after Diwali Vacation for early hearing of the Criminal Appeal. JUDGE JUDGE Deshmukh