IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.325 OF 2009 IN CRIMINAL APPEAL NO.944 OF 2007 Shaikh Saiful Ali Shaikh Mujjafar Hussain .. Applicant V/s. The State of Maharashtra .. Respondents Mr.S.G.Rajput for the Applicant. Mr.A.S.Shitole, A.P.P.for the State. CORAM : A.R.JOSHI, J. DATED : APRIL 27th , 2009. P.C. Heard rival submissions for some time. 2. It is the application for bail filed by original accused No.1 for release on bail during the pendency of criminal appeal No.944 of 2007, which is already admitted by this Court. Accused No.1 was convicted for the offence punishable under sections 304 II of Indian Penal Code and was sentenced to suffer rigorous imprisonment for 7 1 years and to pay fine of Rs.10,000/- in default to suffer further rigorous imprisonment for one year. Such sentence was also awarded against co-accused No.2, who was already released on bail. Earlier bail application preferred by both the accused was withdrawn. So far as present applicant accused No.1 is concerned, and that time bail was granted only to accused No.2 on the ground that main role allegedly pushing the victim on the running local train compartment was attributed to present applicant accused No.1. There is a substantive evidence of prosecution witnesses and mainly that of P.W.6, taking the name of present applicant as the person who pushed the deceased on flimsy grounds at Sanpada Railway Station and pushing the deceased while he was trying to catch the running train after he was dragged from the train compartment, and was assaulted by both the accused. 3. Though, during the trial, present applicant accused No.1 was on bail, he is now convicted for 7 years for the offence punishable under section 304 II of Indian Penal Code, though he was charged for the offence punishable under section 302 of the said code. In fact the peculiar circumstances as to the allegations against the applicant are such that the applicant accused No.1 disentitled to remain free during the pendency of the appeal mainly considering that he not only assaulted the victim on flimsy quarrels of getting seat in the local train, but he also did not allow the victim to escape and pushed him 2 on the running train, thereby the victim fell down in the gap of two compartment and sustained severe head injury and died while in the hospital. Considering such peculiar circumstances and allegations against the applicant and for which he was convicted, in the opinion of this Court, it is not the case in which the applicant accused can be released on bail, and hence present application stands rejected and accordingly disposed of. (A.R. JOSHI, J.) 3