1 pdp IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO. 932 OF 2009 IN CRIMINAL APPEAL NO. 220 OF 2008 Sanjay Laxman Chawan .. Applicant Vs. The State of Maharashtra .. Respondent Mr. A.P. Mundargi, Senior Advocate i/by Ms. Swapna Kode for applicant. Smt. V.R. Bhosale, APP for State. CORAM: B.H.MARLAPALLE & SMT. ROSHAN DALVI, JJ. October 05, 2009. P.C. We have heard Mr. Mundargi the learned Senior Counsel with Ms. Kode for the applicant, who prays for being released on bail during the pendency of Criminal Appeal No. 220 of 2008 which has been filed by him challenging the order of conviction and sentence dated 20/2/2008 passed in Sessions Case No. 106 of 2005. The applicant has been convicted and sentenced for the offence punishable under Section 302 of IPC for causing murder of Ganesh Patil, son of PW 7 and PW 10. The prosecution examined in all 14 witnesses and it claimed that PW 4 and PW 9 were the eye witnesses to the incident. We have gone through the evidence of PW 4, 2 PW 7, PW 9, PW 10 and two doctors i.e. PW 3 – Dr. Vivek Malpure and PW 13 – Dr. Mukesh Ghuge. We are not inclined to release the applicant on bail though his earlier bail application i.e. Criminal Application No. 1393 of 2008 was disposed as withdrawn as he wanted to prefer a fresh bail application after lapse of some time. As per the office note R and P has been received and paper book is ready and, therefore, Criminal Appeal No. 220 of 2008 can be heard and decided finally. Hence, the application is rejected and it is directed that Criminal Appeal No. 220 of 2008 be listed for final hearing peremptorily on 25/11/2009. (SMT. ROSHAN DALVI,J.) (B.H.MARLAPALLE,J.)