1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.818 OF 2008 IN CRIMINAL APPEAL NO.552 OF 2008 Rahul Ramesh Burte & Anr. ...Applicants Vs. State of Maharashtra ...Respondent Mr.B.S.Phad, Advocate for the Applicants Mrs. V.R.Bhosale, A.P.P for the State CORAM : B.H. MARLAPALLE & SMT.ROSHAN DALVI, JJ. Dated : 21ST July, 2009 P.C. 1.Heard Mr. Phad, learned Counsel for the Applicants who are the original accused Nos.2 and 6 in Sessions Case No.366 of 2002. The learned Additional Sessions Judge at Pune by her judgment and order dated 11th April, 2008 has convicted the applicants and 4 other accused for the offences punishable under Section 302 r.w. Section 149, Section 307 r.w.Section 149, Section 323 r.w. Section 149, Section 140 r.w. Section 149, Section 147 r.w. Section 149 and under Section 4 r.w. Section 25 of the Indian Arms Act. They are presently in jail. 2 2.The learned Counsel submitted that the applicants were on bail throughout the trial and they have not in any way violated the bail terms till the order of sentence of conviction was pronounced. He also stated that Jagan Mohite one of the eye witnesses has not been examined by the prosecution and therefore, the prosecution case was doubtful. 3.We have noticed from the impugned order of conviction and sentence that the prosecution case was based on 4 injured eye witnesses i.e. P.W.1 Santosh Sambhaji Wadkar, P.W.2 Ganesh Amolik Kahar, P.W.3 Sachin Chandrakant Walhekar and P.W.4 Nilesh Sambhaji Wadkar. Admittedly in the incident 2 persons lost their lives i.e. Shri Prashant Katurde and Shri Navnath, who was the brother of complainant Santosh Wadkar. The medical evidence brought on record before the Sessions Court through P.W.9 Dr.Bhagwant Subhashchandra Narkhede and P.W.11 Dr. Kishor Mukundrao Pedgaonkar indicated that these 2 persons died the homicidal death and the 3rd person Nilesh Wadkar P.W.4 survived. 4.We have heard the learned Counsel for the applicants and on perusal of the order of conviction and sentence passed in Sessions Case 3 No.366 of 2002, which is the subject matter of application in Criminal Appeal No.552 of 2008 we have satisfied that no case has been made out to release the applicants on bail by suspending the order of sentence under Section 389 of Code of Criminal Procedure. 5.Hence, the application is rejected. 6.Hearing of Criminal Appeal is expedited. [SMT.ROSHAN DALVI, J.] [B.H. MARLAPALLE, J.]