1 cri.appln.74-11 mgn IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.74 OF 2011 IN CRIMINAL APPEAL NO.59 of 2011 Shri Sharad Bhaskar Rajnor ..Applicant Vs. The State of Maharashtra ..Respondents Mr. R.B. Paranjpe with Mr. M.N. Sandhyanshiv for the applicant. Mrs.A.S. Pai, APP for the State. CORAM: B. H. MARLAPALLE & U.D.SALVI, JJ. DATED: 18th February, 2011 P.C. We have heard the learned Counsel for the applicant, who prays for being released on bail during the pendency of Criminal Appeal No.59 of 2011 which has been admitted by this Court. 2. In Sessions Case No.38 of 2005 the applicant has been convicted for the offence punishable under Section 302 of I.P.C., whereas he has been acquitted of the offence punishable under Sections 354 and 376 of 2 cri.appln.74-11 I.P.C.He has been sentenced to suffer life imprisonment. 3. As per the prosecution case the accused who is the resident of the very same village as the complainant Smt. Vatsalabai Kacharu Holnor and her daughter Kamal aged about 13 years and studying in VIIIth standard was raped by the accused-applicant and thereafter when she refused to marry the accused, he pushed her to the well in the presence of P.W.1 at about 4.00 p.m. on the date of the incident. Kamal died and her dead body was taken out of the well after 6.00 p.m. The prosecution examined in all 10 witnesses and the defence examined Ankush Punjram Chormale as D.W.1. The defence had taken the plea of alibi and it was sought to be contended through the evidence of D.W.1 that on the date of the incident the accused was not at the village and on 27th January, 2005 he had gone to village Gorsar near Aurangabad. However, in the cross examination of some of the witnesses it was sought to be contended that the deceased fell in the well accidentally and the well did not have a constructed wall for its periphery. 4. With the help of the learned Counsel for the applicant we have gone through the depositions of P.W.1-Vatsalabai Kacharu Halnor, P.W.2-Sudam Patilbuwa Nemnar, the brother of P.W.1, P.W.7-Dr.Mohammed Turabali as well as the F.I.R. at Exhibit 20. We are satisfied that there is no case made out to suspend the order of sentence and release the applicant on bail 3 cri.appln.74-11 during the pendency of Criminal Appeal No.59 of 2011. 5. Hence the application is rejected. 6. The paper book in Criminal Appeal No.59 of 2011 is expedited and liberty to the appellant to apply for fixing early date of hearing as and when the appeal is ready. (U.D.SALVI, J.) (B. H. MARLAPALLE, J.)