*1* appa.458.11.apeal.803.09.sxw kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.458 OF 2011 IN CRIMINAL APPEAL NO.803 OF 2009 Pankaj Omprakash Singh. ..Applicant/Accused No.3 -Versus- The State of Maharashtra. ..Respondent ........... Mr.Shirish Gupte, Senior Advocate a/w Mr.B.D.Joshi, for the Applicant/Accused No.3. Dr.F.R.Shaikh, APP, for the State. .......... CORAM : B.H.MARLAPALLE & A.M.THIPSAY, JJ. Date : 20th April, 2011. P.C. 1 We have heard Mr.Gupte, the learned Senior Counsel with Mr.Joshi, for the Applicant/accused No.3 and Dr.Shaikh, the learned APP for the State. The Applicant prays for being released on bail during the pendency of Criminal Appeal No.803/1999 which has been filed by the accused Nos.2 and 3 and has been admitted by this Court on 12.08.2009. 2 In Sessions Case No.357/2006, in all three accused came to be tried and all of them have been convicted for the offences punishable under Sections 120-B, 302 r/w 34 and 201 r/w 34 of the Indian Penal Code. For the offences punishable under Sections 120-B and 302 r/w 34 of IPC, all of them have been sentenced to life imprisonment. The accused No.1 has filed Criminal Appeal No.813/2009 which has been admitted and all the accused are undergoing the sentence as of today. *2* appa.458.11.apeal.803.09.sxw 3 As per the prosecution, on 22.05.2006 one Shyam Sunder Khanna and his brother Pravin Kumar were attacked at around 10:30 p.m. by the accused on account of disputes between them and the accused No.1 regarding construction of shop tenement. Shyam Sunder Khanna was declared dead at the spot and Pravin Kumar was declared dead in the hospital. The accused came to be arrested on 01.06.2006. The prosecution examined in all 41 witnesses including two doctors i.e. PW-36 Dr.Vinayak Joshi and PW-37 Dr.Ravindra Utage. PW-37 had conducted the postmortem on both the dead bodies and noted that Shyam Sunder suffered in all 15 injuries and most of them were fractures, cut and stab injuries. Pravin Kumar had sustained 12 injuries. 4 The prosecution relied upon the testimony of PW-1 Anil Dhavan, PW-7 Balu Dhokare, PW-10 Pintu Jaiswal, PW-12 Smt.Asha Shyamsunder Khanna and PW-17 Shankar Dudhane in support of its case that the victims and the accused No.1 were at loggerheads on account of construction of shop tenements. In addition to the recovery of weapons and the chemical analyzer’s reports, the prosecution also relied upon the eyewitnesses testimony namely PW-8 Parvez Jain, PW-9 Jaya Shetty, PW-15 Shaikh Muktar, PW-16 Rafat Fakir, PW-19 Inishu Malhotra, PW-20 Ramjanam Tripathi and PW-21 Harishkumar Gulpani. The Trial Court has disbelieved PW-8, PW-9 and PW-15 as the eyewitnesses. The Trial Court has also termed PW-20 as a doubtful witness but it has accepted PW-16 Rafat Fakir, PW-19 Malhotra and PW-21 Harishkumar Gulpani as reliable eyewitnesses and passed its order of conviction on the testimony of these witnesses as well as other circumstances. 5 It was submitted by Mr.Gupte that there was no recovery at the instance of the Applicant and there was no enmity or dispute between the Applicant and the deceased brothers. He also submitted *3* appa.458.11.apeal.803.09.sxw that there are no antecedents as far as the Applicant is concerned so as to deny him liberty of being released on bail while his appeal is pending. It is also noted that the Applicant was not on bail during the trial. 6 Dr.Shaikh, the learned APP, on the other hand, has invited our attention to the findings recorded by the learned Trial Court on the basis of the evidence of PW-16, PW-19 and PW-21. 7 Having regard to the evidence of these three eyewitnesses and the reasonings set out by the learned Trial Court, prima facie, we are satisfied that there is no case made out to suspend the sentence under Section 389 of the Code of Criminal Procedure and release the Applicant on bail. 8 Hence, the application is rejected. 9 Criminal Appeal No.803/2009 be clubbed and heard with Criminal Appeal No.813/2009. The appeals are expedited. (A.M.THIPSAY, J.) (B.H.MARLAPALLE, J.)