ndm 1 appa.1073.09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1073 OF 2009 IN CRIMINAL APPEAL NO. 397 OF 2009 Santosh Bansilal Varma. ... APPLICANT Vs. The State of Maharashtra. ... RESPONDENT -------------- Ms. S.D. Khot, Advocate for Applicant. Mrs. M.M. Deshmukh, APP, for Respondent. -------------- CORAM : B.H. MARLAPALLE, & R.Y. GANOO, JJ. DATE : 11 th December, 2009. P.C. 1 We have heard Ms. S.D. Khot, the learned Advocate for the applicant, who prays for being released on bail during the pendency of Criminal Appeal No. 397 of 2009, which has been filed by him and has been admitted by this Court on 12 th June, 2009. 2 The Applicant – Accused No.2 has been convicted and sentenced for the offence punishable under Sections 302 and 392 read ndm 2 appa.1073.09.sxw with Section 397 of Indian Penal Code. 3 The prosecution case regarding the homicidal death of Rohit Hemant Jadhav, a friend of PW-10 - Ms. Neelam Vilas Mohite is based on her ocular evidence. 4 We have gone through the depositions of PW-10 as well as PW-6 - Mr. Shivaji Vishnu Kachare and PW-7 - Dr. Ajit Ravindra Dhake. On perusal of the reasoning set out, in the order of conviction, we are not inclined to suspend the order of sentence and release the Applicant on bail during the pendency of this Appeal and hence the Application is rejected. Liberty to file private paper-book copies and apply for fixing early date of hearing. [ B.H. MARLAPALLE, J ] [ R.Y. GANOO, J ]