1 cr-appa-466-11 jdk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI. APPLICATION NO. 466 OF 2011 IN CRI. APPEAL NO. 865 OF 2004 Bablya s/o Baliram Madhavi ..Applicant Vs. The State of Maharashtra ..Respondent .... Through Jail Mr. D.V.Kedar Advocate absent for the applicant Mr. Y.S.Shinde A.P.P. for the Respondent-State .... CORAM : P.V.HARDAS AND M.N.GILANI, JJ. DATED : APRIL 19, 2011 PER COURT: 1 This application has been sent through jail by the applicant/appellant praying for suspension of the substantive sentence and his enlargement on bail pending decision of the appeal. 2 It appears that an application filed by the applicant earlier i.e. Criminal Application No. 292 of 2010 came to be rejected for non- prosecution. 2 cr-appa-466-11 3 With the assistance of the learned A.P.P., we have perused the judgment of the trial Court and upon its perusal we find that the prosecution has examined P.W. Krishna, P.W. Baliram and P.W. Sanjay as eye witnesses of the incident. These witnesses have identified the appellant. In such circumstances, the trial Court placed implicit reliance on the evidence of these eye witnesses and convicted and sentenced the appellant. 4 Thus this is not a case where there is no evidence to support the conviction of the appellant and therefore according to us, the appellant is not entitled to seek his release on bail pending decision of the appeal. However since the appeal is of the year 2004 and we are already hearing of the Criminal Appeals of the year 2004, we direct that the appeal be listed for hearing in the week commencing from 13.6.2011. 5 Accordingly, Criminal Application is dismissed. Hearing of the appeal is expedited and the appeal be set down for hearing in the week commencing from 13.6.2011. [ M.N.GILANI, J. ] [ P.V.HARDAS, J. ]