- 1 - rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.206 OF 2010 in CRIMINAL APPEAL NO.444 OF 2008 Mr.Sunil Laxman Ghode ... Applicant (Orig.Accd no.2) vs State of Maharashtra ... Respondent Mr.S.K.Shinde for Applicant Dr.F.R.Shaikh A.P.P.for Respondent ... CORAM: B.H.MARLAPALLE & MRS.MRIDULA BHATKAR,JJ DATE: 25t h March, 2010 P.C. 1. Heard Mr.Shinde learned counsel for the applicant (Accused no.2) who prays for being released on bail during the pendency of Criminal Appeal No.444 of 2008. The said appeal has been filed against the order of conviction and sentence passed on 31st March 2008 in Sessions Case No.48 of 2005 by the learned Ad-Hoc Additional Sessions Judge-I at Niphad. 2. Mr.Shinde the learned counsel for the applicant states across the bar that the applicant no.1 father of applicant no.2 and the present applicant is no more and therefore, the appeal i.e. Criminal Appeal No.444 of 2008 - 2 - stands abated so far as applicant no.1 is concerned. 3. As per the prosecution case, on 21st February 2005 the dead body of the deceased Kapil Lad was located and PW 24 Ashok Patil the then Police Inspector to Niphad police station lodged A.D.No.6 of 2005. The deceased was working in an I.T.company. The prosecution examined in all 24 witnesses and the prosecution case was based on last seen theory as well as the evidence of PW 13 Vijay Shinde and PW 15 Sunil Sukhdeo Tajane who claimed to have seen the deceased being beaten by the accused nos.1 and 2. The learned Sessions Judge has considered the evidence of PW 12 Sushil Wagh, PW 13 Vijay Shinde, PW 14 Santosh Sonpasare, PW 9 Sachin Kapse, PW 15 Sunil Tajane, PW 17 Arvind Gaikwad and PW 21 Umesh Wankhede. It was not disputed that the deceased died a homicidal death. 3. Having considered the arguments advanced by Mr.Shinde in support of his application as well as depositions of the above cited witnesses, we are satisfied that there is no case made out to support the order of sentence and release the applicant on bail during the pendency of this appeal. Hence, the application is rejected. - 3 - Paper Book/copies if filed within two months, Paper Book is dispensed with. Liberty to apply for an early date of hearing as and when the appeal is ready. B.H.MARLAPALLE, J MRS.MRIDULA BHATKAR, J - 4 -