1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Criminal Application No.792 of 2008 IN Criminal Appeal No.643 of 2008 Sameerkumar Prakash Awasare .. Applicant v/s. The State of Maharashtra .. Respondent Mr.A.S.Khandeparkar i/b. M/s. Khandeparkar & Associates, for Applicant. Mrs.M.M.Deshmukh, APP for State. CORAM : B.H. MARLAPALLE & R.Y.GANOO, JJ. Dated : 3rd November, 2009 P.C. : 1. We have heard Mr.Khandeparkar, learned Counsel for the applicant. He prays for the applicant being released on bail pending Criminal Appeal No.643 of 2008. The applicant has been convicted and sentenced for the offences punishable under Section 302 and Section 201 of IPC in Sessions Case No.8 of 2007, as 2 per the Order passed by the learned Additional Sessions Judge, Ratnagiri on 30.6.2008. It was submitted by Mr. Khandeparkar that the applicant was released on bail during the trial and there is no reliable evidence to connect the accused with the homicidal death of Deepak Avasare. 2. We have noted that the prosecution examined in all 14 witnesses and its case was based on circumstantial evidence. We have also considered the depositions of P.W.10 Rupali Narkar and P.W.11 Neelam Narkar, who is the mother of Rupali. There is no dispute that the applicant was set to marry Rupali but for the incident and subsequent trial. The prosecution has relied upon the extra judicial confessions of the applicant through the evidence of P.W.10 and P.W.11. We are satisfied that there is no case made out to suspend the order of sentence under Section 389 of Cr.P.C. and release the applicant on bail during the pendency of criminal Appeal No.643 of 2008. Hence the application is rejected. 3 3. Liberty to apply for fixing an early date of hearing as soon as the paper book is ready. 4. Private paper book is allowed to be filed. [R.Y.GANOO, J.] [B.H. MARLAPALLE, J.]