1 APPA.41-2010 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.41 OF 2010 IN CRIMINAL APPEAL NO. 419 OF 2010 Mohd. Motassim Mohd. Khalid Gade & Ors. ...Applicants. Vs. The State of Maharashtra ` ...Respondent. ---- Ms. Anjali Awasthi, for the Applicants. Mr. Y.S. Shinde, APP for the State. --- CORAM: B. H. MARLAPALLE & U. D. SALVI, JJ. JANUARY 24, 2011. P.C.:- Heard the learned counsel for the applicants. 1 In Sessions Case No.33 of 2007, the applicants came to be tried for the offence punishable under Sections 302, 397, and 201 read with Section 34 of IPC, and they have been convicted and sentenced for all the offences. Criminal Appeal No.419 filed by the applicants has been admitted, and hence this application for bail during the pendency of the 2 APPA.41-2010 said appeal. 2 As per the prosecution case, the deceased Jamil Ahmed the husband of PW-22 Shabnam Ahmed had left his home. He was subsequently seen siting on the Scooter in the company of the accused while entering into the Lanja village, District-Ratnagiri. After some time both the accused were traced driving the scooter bearing registration no.MH-10-R-9472, when PW-6 Umar Malim had a telephonic information received from PW-4 Anis Waghu and PW-5 Mangesh Pawaskar. On the information given to the police station by PW-6-Umar Malim, the accused came to be arrested. Their personal search was taken and some articles found in their possession were recovered under the Panchanama at Exh.28. The prosecution examined in all 22 witnesses in support its case based on the circumstantial evidence that the accused had caused homicidal death of Jamil Ahmed. 3. No doubt that P-4-Anis Waghu and PW-5 Mangesh Pawaskar turned hostile, the testimony of PW-12- Anwar Makandar. PW-6 Umar Malim, PW-7 Santosh Jadhav, PW-11 Sudarshan Gorakshay and PW-22 Shabnam Ahmed, does not support the case of the applicants for being 3 APPA.41-2010 released on bail. The prosecution proved from the evidence by PW-14 Dr. Pradeep Ingole that deceased Jamil Ahmed died of a homicidal death due to strangulation of neck coupled with hammering on his head. The parties were known to each other, and were purportedly engaged in some business association at the behest of the absconding accused Khalid who was related to PW-22 Shbnanm. 4. Having regard to the reasoning set out by the trial court on the assessment of the evidence of the prosecution witnesses, more particularly the above referred few witnesses, prima facie, we are satisfied that there is no case made out to release any of the applicants on bail by suspending the order of sentence. 5. Hence, this application is rejected. However, the applicants are at liberty to apply for fixing an early date of hearing as soon as the paper book is ready. Paper book expedited. (U. D. SALVI,J.) (B. H. MARLAPALLE,J.)