1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Criminal Application No.1074 of 2009 IN Criminal Appeal No.207 of 2008 Mr.Kailas Govind Dighe .. .. Applicant (Orig.Accused No.3) v/s. State of Maharashtra .. .. Respondent Mr.S.K. Shinde for Applicant. Mrs.V.R.Bhosale, APP for State. ---- CORAM : B.H. MARLAPALLE & SMT.ROSHAN DALVI, JJ. Dated : 24th September, 2009 P.C. : 1.We have heard Mr.Shinde, the learned Counsel for the Applicant (original accused No3). 2.By this Application, the Applicant prays for being released on bail during the pendency of Criminal Appeal No.207 of 2008. 3.In Sessions Case No.147 of 2007, in all six accused came to be tried on the charge of causing murder of Hanumanta Tukaram Dighe and by his order dated 29.12.2007, the learned Ad-hoc Additional Sessions Judge-2, Nashik, was pleased to convict all the accused 2 for different offences. Accused No.3, the present Applicant, has been convicted for the offences punishable under Section 302 read with Sections 149, 120-B and 341 read with Section 149 of the Indian Penal Code. 4.The Applicant s father Govind was accused No.1 in Sessions Case No.147 of 2007 and he also has been convicted and sentenced in the like manner. Accused Nos.4 and 5 are the younger brothers of the Applicant and they also have been convicted and sentenced in the like manner. The Applicant states that to take care of his ailing mother, no one is available in the house and, therefore, he prays for being released on bail by suspending the order of sentence. 5.We have noted that, as per the prosecution case, the involvement of the present Applicant in the incident is supported by evidence of three eye witnesses i.e. P.W. 9, P.W.10 and P.W.11. We have perused the reasoning set out by the trial Court in support of the order of conviction and we do not find any reason to release the Applicant on bail, by suspending the order of sentence under Section 389 of the Criminal Procedure Code. Hence, the Application is rejected. 6.However, if the Applicant applies for parole, the same 3 may be considered on its own merits and this order will not come in the way of the Applicant to apply for a temporary bail, if his request for parole is turned down by the competent Authority. [SMT.ROSHAN DALVI, J.] [B.H. MARLAPALLE, J.]