( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4330 OF 2009 IN CRIMINAL APPEAL NO. 606 OF 2009 Ramu s/o. Vijay Mandal .. Applicant Versus The State of Maharashtra .. Respondent Shri N.K. Choudhari, Advocate for the applicant. Mrs. B.R. Khekale, A.P.P. for respondent/State. CORAM : P.R. BORKAR,J. DATED : 18.01.2010 P.C. :- 1. This is an application for bail by a person who is convicted of offences punishable under sections 328 and 379 of the I.P.C. For offence punishable under section 328 of the I.P.C., he is sentenced to suffer rigorous imprisonment for five years and to pay fine of Rs. 500/- and for offence punishable under section 379 of the I.P.C. he is sentenced to suffer rigorous imprisonment for two years and to pay fine of Rs. 500/-. ( 2 ) 2. The case of the prosecution is that P.W.4 – Pradipkumar was resident of Jharkhand and he was serving at Surat. On 05.03.2008 he was proceeding from Surat to Bhusawal and in the train the applicant offered him biscuit and water. P.W.4-Pradipkumar became unconscious and after gaining consciousness he found himself admitted in the hospital. He was robbed of suit-case containing six sarees and cash of Rs. 5800/-. P.W-4Pradipkumar identified present applicant as the person who had offered him biscuit and water, as result of which he had become unconscious. On 09.03.2008 P.W.4-Pradipkumar had seen the applicant at Surat railway station. P.W.4-Pradipkumar caught present applicant and police brought him to Nandurbar Railway police station. In search 14 tables, one cream biscuit pack and one bottle containing water were seized from the applicant. The Chemical Analyzer found psychotropic substance in the orange coloured tablets and hazy liquid in the plastic bottle. 3. The applicant was not on bail during trial. Under the circumstances his chances of absconding are more. In the circumstances, it is not proper to release the applicant on ( 3 ) bail, as he would not be available if ultimately appeal is dismissed. Hence, the application for bail is rejected. However, this appeal is allowed to be expedited, as there are very few appeals pertaining to under trial prisoners. As soon the paper-book is supplied to the Court and other side, the appeal may be fixed for hearing. 4. The Criminal Application is accordingly dismissed and disposed of. [P.R. BORKAR,J.] snk/2010/JAN10/cra4330.09