1 pdp IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO. 907 OF 2008 IN CRIMINAL APPEAL NO. 815 OF 2008 Kishor Suresh Kumbhar .. Applicant Vs. The State of Maharashtra .. Respondent Mr. Rahul S. Thakur for applicant. Mr. D.P. Adsule, APP for State. CORAM: B.H.MARLAPALLE & R.Y. GANOO, JJ. November 04, 2009. P.C. 1. Heard Mr. Thakur the learned counsel for the applicant who prays for being released on bail during the pendency of his Criminal Appeal No. 815 of 2008. The applicant came to be convicted and sentenced for an offence punishable under Section 302 of IPC in Sessions Case Nos. 101/04 and 100/05, as per the common order dated 17/6/2008. 2. It was submitted by Mr. Thakur that all along during the trial, the applicant was on bail and the case of the prosecution based on the circumstantial evidence has not been proved beyond a reasonable doubt. 2 3. We have gone through the order of conviction and also the depositions of the concerned witnesses. We are satisfied that no case has been made out to suspend the order of sentence under Section 389 of Cr.P.C. 4. Hence, the application is rejected. The applicant is at liberty to file private paper book copies and apply for fixing early date of hearing as soon as the appeal is ready for final hearing. (R.Y. GANOO,J.) (B.H.MARLAPALLE,J.)