IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Criminal Application No.701 of 2009 IN Criminal Appeal NO.1262 of 2008 Abdul Malik Nabi Ahmed .. ..Applicant (Orig.Accused) v/s. The State of Mah. .. ..Respondent Mr.V.V. Gangurde for Applicant. Mr.V.B.Konde-Deshmukh for State. ---- CORAM : B.H. MARLAPALLE & SMT.ROSHAN DALVI, JJ. Dated : 4th August, 2009 P.C. : 1.We have heard Mr.Gangurde, the learned appointed Advocate for the Applicant, who is undergoing the sentence and has filed Criminal Appeal No.1262 of 2008. 2.With the assistance of Mr.Gangurde, we have perused oral depositions of the sole eye witness P.W.6-Gulam Rasul Mohd. Aamin, P.W.7-Dr.Vinod D. Shelkar and the Investigating Officer i.e. P.W.10-Vasiuddin Badriuddin Kazi. We have also perused the deposition of P.W.1- Ambadas J. Sonavane. 3.We are satisfied that no case has been made out to sustain the sentence and release the Applicant on bail under Section 389 of Criminal Procedure Code. 4.The Application is rejected. 5.Since this Application is rejected, nothing survives in other Criminal Application i.e. Criminal Application No.709 of 2009 and it is accordingly rejected. [SMT.ROSHAN DALVI, J.] [B.H. MARLAPALLE, J.]