1 APPA 886.11.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION CRIMINAL APPLICATION NO.886 OF 2011 IN CRIMINAL APPEAL NO. 523 OF 2008 Vishal @ Shivaji Mahadeo Kamble. ... Applicant. V/s. The State of Maharashtra. ... Respondent. Mr. R.V. Desai, Sr. Counsel with Mr. Pramod Kathane, Mr. Yogesh Sankpal for the Applicant. Mr. J.P. Yagnik, APP for the State. CORAM : NARESH H. PATIL & K.U. CHANDIWAL, JJ. DATED : 1st AUGUST 2011. P.C. :- Heard. 2. The Applicant is life convict. By a Judgment and Order dated 22nd June 2007, the Ad-hoc Additional Sessions Judge, Baramati District has convicted and sentenced the Appellant for an offence punishable under Section 302, 201, 376, 445, 457, 404 of I.P.C. The Applicant was acquitted for an offence punishable under Sections 376 and 404 of I.P.C. 3. The learned Counsel for the Applicant submits that the circumstances brought on record against the Applicant do not 2 APPA 886.11.sxw complete the chain so as to un-hesitantly point at the Applicant as culprit. The medical evidence and the C.A. reports do not conclusively establish the guilt of the Applicant as proposed by the prosecution. The Judgment of the Trial Court is based on conjectures and surmises. In the absence of any evidence. In the light of the order of acquittal under Section 376 of I.P.C., the prosecution case of offence under Section 302 of I.P.C. is not convincing. The evidence of extra judicial confession is also not established. 4. The learned Senior Counsel submitted that the final hearing of the Appeal would take considerably long time and considering the evidence against the Applicant, he be released on bail. 5. The learned APP submits that the circumstances are brought on record against the Applicant. The prosecution has recovered ornaments, semen of the Applicant was found on the clothes of the deceased. Acquittal of the Applicant from the offence punishable under Section 376 and 404 of I.P.C. does not affect the conviction under Section 302 of I.P.C. 6. We have perused the record. Considered the submissions. We find that the issue raised by the learned Senior Counsel for the Applicant would require detailed scrutiny and appreciation of evidence of prosecution, which could be gone into at the stage of final hearing. 3 APPA 886.11.sxw 7. Prima-facie, we notice that the prosecution has brought on record circumstances which involve the Applicant in commission of crime. Considering the facts and circumstances of the case and the evidence brought on record, we are not inclined to release the Applicant on Bail. This Court is hearing final hearing jail appeals for the year 2004-05. 8. The Application is rejected. (K.U. CHANDIWAL,J.) (NARESH H. PATIL,J.)