: 1 : USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.959 OF 2008 IN CRIMINAL APPEAL NO. 874 OF 2008 Kalu Vikram Ahire .. Applicant v/s. The State of Maharashtra .. Respondent ........ Mr. S.K. Shinde i/by Mr. Sagar Kasar for applicant. Mrs. M.M. Deshmukh, APP for State. ........ CORAM : B.H. MARLAPALLE & R.Y.GANOO, JJ. Dated : 23rd November, 2009. P.C. : 1. We have heard Mr. Shinde, the learned Counsel for accused No.1, who prays for being released on bail during the pendency of Criminal Appeal No.874 of 2008 filed by him. He along with his parents and brothers was tried in Sessions Case No.66 of 2005 for the offences punishable under Section 302, 304-B, 498-A r/w. Section 34 of IPC. The learned Trial Judge by is order of conviction and sentence dated 23.8.2007 has convicted the applicant for the offences punishable u/s. 302, 304-B as well as 498-A r/w. Section 34 of IPC. He is presently undergoing the sentence. 2. Mr. Shinde, the learned Counsel for the applicant pointed out that : 2 : the applicant by examining his uncle Shri. Baburao Ahire (DW-1) has proved his plea of alibi and, therefore, prima-facie the prosecution case for the offence punishable u/s 302 of IPC against the applicant is doubtful and he must be given the benefit of doubt. 3. We have perused the record and more particularly the spot panchanama at Exh.32, the MLC register at Exh.24 and the Medical admission papers at Exh.33. With the assistance Mr. Shinade, the learned Counsel for the applicant, we have gone through the depositions of PW-1 Dr. Bhimrao Tribhuvan and DW-1 Baburao Ahire. 4. We are satisfied that no case has been made out by the applicant to suspend the order of sentence u/s. 389 of Cr.P.C. and release him on bail during the pendency of this appeal. Hence, the application is rejected. 5. However, the applicant is at liberty to apply for fixation for early date of hearing of Criminal Appeal No.874 of 2008 along with Appeal 848 of 2007 and 1281 of 2007 as and when the paper book is ready. 6. Circulation of private paper book is allowed. [R.Y.GANOO, J.] [B.H. MARLAPALLE, J.]