1 pdp IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO. 960 OF 2009 IN CRIMINAL APPEAL NO. 245 OF 2008 Madhukar Dhondiba Hajare ..Applicant Vs. The State of Maharashtra ..Respondent Mr. S.A. Ingawale for applicant. Mr. V.B. Konde-Deshmukh, APP for State. CORAM: B.H.MARLAPALLE & SMT. ROSHAN DALVI, JJ. September 25, 2009. P.C. We have heard Mr. Ingawale the learned counsel for the applicant. He prays for being released on bail during the pendency of Criminal Appeal No. 245 of 2008, which has been admitted by us on 21/4/2008. The accused was tried for the offence punishable under Section 302 of IPC in Sessions Case No. 165 of 2006 and the learned Additional Sessions Judge at Sangli by his order dated 13/2/2008 has convicted the accused for the offence punishable under Section 302 of IPC and has been sentenced to suffer RI for life. The prosecution case is based on two eye witnesses i.e. PW 3 and PW 4. 2 The medical evidence shows that deceased – Bhimrao died homicidal death and on account of an axe blow on his head. We have considered the reasoning in support of the order of conviction and sentence and we are satisfied that no case has been made out to release the applicant on bail by suspending the order of sentence under Section 389 of Cr.P.C. Hence, the application is rejected. The learned counsel for the applicant is at liberty to file a private paper book and to apply for fixing an early date of hearing as soon as the appeal is ready for the same. (SMT. ROSHAN DALVI,J.) (B.H.MARLAPALLE,J.)