1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1270/2009 IN CRIMINAL APPEAL NO.1262/2007 Anupkumar R.Pande @ Upadhya Applicant/Appellant Vs. THE STATE OF MAHARASHTRA RESPONDENT Mr.Prashant G.Sawant for Applicant Ms.P.H.Kantharia,APP for State CORAM:-SMT. RANJANA DESAI & MRS. MRIDULA BHATKAR, JJ. DATE : 7th JANUARY,2010 P.C. . The applicant is original accused no.1. He was tried alongwith others by the by Sessions Court for Greater Bombay in Sessions Case No.258/2004 interalia for the offence punishable under section 302 r/w 34 of the Indian Penal Code .By the impugned order he was convicted under section 302 r/w 34 of the Indian Penal Code and was sentenced to undergo imprisonment for life and to pay fine of Rs.3,000/- i/d to suffer R.I.for three months. The applicant was also convicted for the offence punishable under section 364(A) r/w 34 of the Indian Penal Code and was sentenced to suffer R.I.for 7 years ,to pay fine of Rs.1,000/- i/d to suffer R.I.for one 2 month . Substantive sentences were to run concurrently. The appeal preferred by the applicant is admitted. This application is for bail. 2] We heard learned counsel for the applicant at some length. He submitted that only role attributed to the applicant is that he collected the money from the father of the deceased child. He submitted that ,therefore, the applicant deserves to be released on bail. 3] It is not possible for us to accept this submission. The police had laid a trap . The applicant was caught while he was accepting money on behalf of his master i.e. accused no.2. He told the father of the deceased child that the deceased child is with his Boss i.e.accused no.2. It is prima facie clear ,therefore, that the applicant shared common intention with accused no.2 to abduct the deceased child and accept money from his father. Prima facie the evidence of P.W. 1,father of the deceased child, inspires confidence. No bail can be granted. The application is rejected. (SMT. RANJANA DESAI, J.) (MRS. MRIDULA BHATKAR, J.) 3