1 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY Appellate Side Criminal Application No.332 of 2009 In Criminal Appeal No.256 of 2009 Naruddin Murtujaali Shaikh Applicant Vs. The State of Maharashtra Respondent Mr.P.B.Kakade for applicant. Mrs.M.M.Deshmukh, APP for State. CORAM: B.H.MARLAPALLE & R.Y. GANOO,JJ. November 6, 2009. P.C. 1. We have heard the learned counsel for the applicant. The applicant prays for being released on bail during the pendency of Criminal Appeal No.256 of 2009. The applicant has been convicted and sentenced for the offences punishable under Sections 302, 452 and 394 of IPC. 2. With the assistance of the learned counsel for the applicant we have perused the depositions of PW 2 – Ansari Siraj and PW 3 – Rauf Khan @ Chandbai. Dr.Phadke died a homicidal death and his dead body was found in his dispensary 2 on 19/1/2007. PW 2 was the watchman of the society in which the dispensary was located. The prosecution case was based on circumstantial evidence. We have perused the reasoning set out in support of the order of conviction and sentence. 3. We are satisfied that no case has been made out to suspend the order of sentence under Section 389 of Cr.P.C. and release the applicant on bail. Hence the application is rejected. (R.Y.GANOO,J.) (B.H.MARLAPALLE,J.)