1 pdp IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO. 964 OF 2009 IN CRIMINAL APPEAL NO. 729 OF 2008 Uttam Vaiju Majukar .. Applicant Vs. The State of Maharashtra .. Respondent Mr. Pravin G. Sawant for applicant. Mrs. M.M. Deshmukh, APP for State. CORAM: B.H.MARLAPALLE & SMT. ROSHAN DALVI, JJ. October 05, 2009. P.C. Heard Mr. Sawant the learned counsel for the applicant, who prays for being released on bail during the pendency of Criminal Appeal No. 729 of 2008 filed by him against the order of conviction and sentence passed on 3/5/2008 in Sessions Case No. 5 of 2006. In the said case, the applicant-accused along with other two were put on trial for the offence punishable under Section 302 read with Section 34 as well as Section 120-B of IPC and accused nos.2 and 3 have been acquitted. As per the prosecution case elections for the Managing Committee of Vaijnath Vividha Karyakari Sahakari Sanstha was held on 22/1/2006 and the deceased was 2 representing the rival panel which was succeeded. The results were declared on the same day and while the deceased arrived at the spot of the incident on his motorcycle, he was done to death. The prosecution examined 15 witnesses and claimed PW 3, PW 4, PW 5 and PW 14 as the eye witnesses. As per the medical evidence the deceased died homicidal death. We have gone through the depositions of the eye witnesses as well as the medical evidence and we are satisfied that no case has been made out to suspend the order of sentence so as to release the applicant on bail under Section 389 of Cr.P.C. Hence, the application is rejected. Liberty to apply for fixing early date of hearing as and when the appeal is ready. (SMT. ROSHAN DALVI,J.) (B.H.MARLAPALLE,J.)