1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1055 OF 2009 IN CRIMINAL APPEAL NO. 59 OF 2009 Ananda @ Anna Raoji Navgire .. Applicant Org. Accused No. 1 Vs The State of Maharashtra .. Respondent Mr. S.V. Kolwal i/b Mr. S.M. Sabrad for the Applicant Smt. V.R. Bhosale, APP for the State CORAM : B.H. MARLAPALLE & R.Y.GANOO, JJ. DATE : 26th November, 2009 P.C.: 1. Heard Mr. Kolwal, the learned counsel for the applicant. 2. This is an application for release on bail during the pendency of Criminal Appeal no. 59 of 2009 filed by the applicant. 3. In Sessions case No. 56 of 2009, the present applicant and his two brothers Nandu and Sunil as well as his parents and sister were put on trial for the offences punishable under Section 302, 304B and RMA 8appa1055-09.sxw 2 201 read with Section 34 of IPC for causing the homicide death of Shalubai, the wife of the accused. Except the applicant, all other accused came to be acquitted and he has been convicted for the offences punishable under Section 302, 304-B, 201 and 498A of IPC. 4. The prosecution examined in all seven witnesses. The evidence of P.W. 6 – Dr. Lalchand who had conducted the autopsy went to show the cause of death as "cardio-respiratory failure due to intracerebral haemorrhage with Asphyxia due to drowning". Regarding the injuries noted down in column 17 of the postmortem note at Ex. 41, the said witness stated before the trial Court that those injuries were possible if the person was assaulted and thrown in a well and it was a homicidal death. The defence of the applicant in his statement recorded under Section 313 of Cr.P.C. shows that the deceased had gone to to cut grass around the well and her legs slipped and she fell in the well. This defence has been turned down by the trial court. We have gone through the depositions of other witnesses as well and we are satisfied that this is not a fit case to suspend the order of sentence under Section 389 RMA 8appa1055-09.sxw 3 of Cr.P.C so as to release the applicant on bail. Hence, the application is rejected. 5. Liberty to apply for fixing early date of hearing as soon as the paper book is ready. 6. Private paper book is allowed to be circulated. [R.Y.GANOO, J.] [B.H. MARLAPALLE, J.] RMA 8appa1055-09.sxw