1 pdp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 279 OF 2010 IN CRIMINAL APPEAL NO. 294 OF 2006 Sultan Noor Mohamad Rana .. Applicant Vs. State of Maharashtra .. Respondent Mr. Ganesh Gole for applicant. Ms.S. V. Gajare, APP for State. CORAM: B. H. MARLAPALLE & A. A. SAYED, JJ. April 15, 2010. P.C. 1. We have heard Mr. Gole the learned counsel for the applicant and Ms. Gajare, the learned APP for the State. 2. The applicant has filed Criminal Appeal No. 294 of 2006 against the order of conviction and sentence passed in Sessions Case No. 633 of 2003 on 21/7/2005 and by the said order he has been convicted and 2 sentenced to suffer imprisonment for life on the charge of causing the homicidal death of his wife in the night of 18/10/1999. By this application he prays for being released on bail during the pendency of Criminal Appeal No. 294 of 2006. 3. With the assistance of Mr. Gole we have gone through the depositions of PWs 1, 2, 3, 5 and 6 as well as the post mortem report at Exh. 36. The cause of death, as per the said post mortem report, is asphyxia due to strangulation. The applicant’s wife was found dead in his house in the morning on 19/10/1999 and the dead body was lying naked with injuries which were ante mortem. He was absconding from 19/10/1999 and was taken in custody for the first time on 8/4/2003. In his statement recorded under Section 313 of Cr.P.C. he claimed that on 18/10/1999 he took the train at about 9 p.m. and went to Mirat and never came back till he was arrested. 4. Prima facie there are some circumstances against the applicant, though it was submitted by Mr. Gole that the evidence of PW 6 – Ramesh Jain, the owner of the jwellery shop i.e. “Ramesh Jwellers” is doubtful. The paper book is ready and, therefore, the appeal could be listed 3 for hearing at an early date. Though undoubtedly the applicant has been in custody from 8/4/2003 i.e. for about seven years by now, we are satisfied that there is no case made out to suspend the order of sentence and release him on bail at this stage. 5. Hence the application is rejected. 6. It is directed that Criminal Appeal No. 294 of 2006 be added in the final hearing board in the week commencing from 14/6/2010. (A. A. SAYED,J.) (B. H. MARLAPALLE, J.)