appa 1364.10 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1364/2010 IN CRIMINAL APPEAL NO.699/2007 Sunil A.Shinde APPLICANT VS. STATE OF MAHARASHTRA RESPONDENT Mr.A.P.Mundargi,Sr.Counsel i/b Mr.Kuldeep Patil for applicant Mr.Adsule,APP for State CORAM: NARESH H.PATIL & MRS.MRIDULA BHATKAR,JJ. DATE-15TH JUNE,2011. P.C. . Heard. 2 This application is pressed for releasing the accused Sunil on bail pending hearing and final disposal of the appeal. The charge was framed by the learned Sessions Judge, Pune against five accused persons for the offences punishable under sections 143, 147,148 r/w section 149, 302 and 324 of the Indian Penal Code and for the offence punishable u/s 25 of the Indian Arms Act on 14/9/2005. By judgment and order in appa 1364.10 2 Sessions Case No.298/2005 dated 2.7.2007 the learned trial Judge acquitted accused no.3 Sachin from all the charges levelled against him. Accused nos.1,2,4 and 5 were convicted for the offence punishable u/s 302 of the Indian Penal Code and sentenced to suffer imprisonment for life. They were also convicted for the offence punishable u/s 324 of the Indian Penal Code. 3 This application is filed by one of the co accused Sunil who is original accused no.1. Learned Senior Counsel Shri.Mundargi fairly submits that earlier two applications for bail were filed. Bail Application no.1325/2008 was dismissed for default and Bail Application no.1337/2009 came to be withdrawn. 4 On merits we find that two witnesses were cited by the prosecution who claimed to have seen the applicant committing the offence. According to the prosecution the applicant Sunil had assaulted the deceased, who suffered seven injuries. 5 Considering the facts of the case and the evidence on record we find that the prosecution has made out strong appa 1364.10 3 prima facie case against the applicant. Learned A.P.P. submits that the applicant is involved in other criminal cases also. We, therefore, are not inclined to grant bail to the applicant. 6 The application is rejected. Registry is directed to verify whether the co- accused have preferred criminal appeals in this Court. In case the appeals are filed, all the appeals be clubbed together for all the purposes,till final disposal. (MRS.MRIDULA BHATKAR,J.) (NARESH H.PATIL,J.)