APPA/317/2011 1 Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.317 OF 2011 IN CRIMINAL APPEAL NO.197 OF 2011 Annaso @ Balu Barikrao Gholve ... Applicant V/s. The State of Maharashtra ... Respondent Mrs. Mallika Ingale for the Applicant. Mr. H.J. Dedhia, APP, for the Respondent-State. CORAM : B. H. MARLAPALLE & A.M. THIPSAY, J.J. DATE : 8 TH APRIL, 2011. P.C. : 1. We have heard Mrs. Ingale, the learned Counsel for the Applicant. Mr. Dedhia, the learned APP, appears for the Respondent-State of Maharashtra. 2. The Applicant has been convicted and sentenced for the offence punishable under Section 302 of the Indian Penal Code in Sessions Case No.25 of 2010 by the learned Additional Sessions Judge, Borivali Division, Mumbai. The said order is under challenge in Criminal Appeal No.197 of 2011, which has been admitted by us on 11 th March, 2011. By this application, the Applicant prays for being released on bail pending his Appeal. APPA/317/2011 2 Dixit 3. As per the prosecution, deceased Dayanand Redkar was stabbed by the Accused past mid night of 8 th November, 2009 and this was seen by two eye witnesses i.e. PW-1 and PW-4. Dayanand was shifted to the Hospital where he was declared dead. The prosecution examined in all eight witnesses. The evidence of PW-6 Dr. Sunil Birhade read with the PM Notes at Exhibit-25 indicates that Dayanand died a homicidal death. The cause of death was haemorrhage and shock due to incised stab wound. 4. The prosecution also relied upon the C.A. Notes at Exhibits 26 and 27 as well as the recovery of the weapon at the instance of the accused while he was in custody. Having regard to the evidence placed on record by the prosecution, we are satisfied that there is no case made out to suspend the order of sentence and release the Applicant on bail pending his Appeal. 5. Hence, the Criminal Application is rejected. However, the Applicant is at liberty to apply for fixing an early date of hearing as soon as the paper book is ready. [A.M. THIPSAY, J.] [B.H. MARLAPALLE, J.]