1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.702 OF 2009 IN CRIMINAL APPEAL NO.204 OF 2008 Rajendra Kedarnath Tiwari ...Applicant Vs. The State of Maharashtra ...Respondent Ms. Sonia Miskin Advocate for the Applicant Mrs. M.M.Deshmukh, Assistant Public Prosecutor for the State CORAM : B.H. MARLAPALLE & SMT.ROSHAN DALVI, JJ. Dated : 21ST July, 2009 P.C. 1.Heard Ms. Sonia Miskin, the learned Advocate. This application for bail has been received through the jail and the applicant is undergoing sentence, as a result of the order of conviction and sentence passed on 25th July, 2000 by the II Additional Sessions Judge in Palghar in Sessions Case No.99 of 2004. He was found to be guilty of causing the murder of Pawankumar on 18th April, 2000. 2.The incident had taken place on 18th April, 2000 and the applicant has been in jail from 14th November 2003. As per the evidence of P.W.6 Dr. Moreshwar Pawankumar died a homicidal 2 death and the main injury was on his chest, as a result of which his lung was also cut. The prosecution case, as per the Sessions Court is supported by 3 eye witnesses i.e. P.W.2 Shashikala, P.W.3 Jijabai and P.W.4 Ankush. Ankush was the injured eye witness of the very same attack which was inflicted on the deceased. As per the prosecution the C.A report also corroborated the evidence of the eye witnesses and the accused was having an affair with Pramila, the wife of P.W.4 Ankush. Smt. Miskin submitted that Pramila was claimed to be one of the eye witness but was not examined by the prosecution. 3.We have gone through the reasoning set out in support of the order of conviction and sentence and we are satisfied that no case has been made out to release the applicant/accused on bail pending Criminal Appeal No.204 of 2008. 4.Hence the application is rejected. 5.Hearing of Appeal is expedited. [SMT.ROSHAN DALVI, J.] [B.H. MARLAPALLE, J.]