PDP FARAD CONTINUATION SHEET APPELLATE SIDE CRIMINAL APPLICATION NO. 697 OF 2009 IN CRIMINAL APPEAL NO. 1554 OF 2004 ------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda Court's or Judge's orders of Coram, appearance, Court's orders or directions and Registrar's orders ------------------------------------------------------------------------------------------------------- Mrs. Sonia Miskin for the applicant. Smt. V.R. Bhosale, APP for State. CORAM: B.H.MARLAPALLE &. SMT. ROSHAN DALVI,JJ. July 22, 2009. P.C. We have heard Mrs. Miskin the learned appointed advocate for the applicant. The applicant has filed Criminal Appeal No. 1554 of 2004 challenging the order of conviction and sentence passed against him under Section 302 of I.P.C. in Sessions Case No. 2 of 2003 and he has been sentenced to undergo life imprisonment by the learned Additional Sessions Judge at Niphad. Hence, he prays for being released on bail. The incident has taken place in the train which started from Mumbai and it was going to Patna on 25/7/2002. The prosecution case is supported by two eye witnesses i.e. complainant and PW 2. The incident took place when there were some other porters around in the train. Having heard the learned counsel as well as the learned APP and on perusal of the reasoning set out in the order of conviction, we are satisfied that no case has been made out to release the applicant on bail by suspending the order of sentence under Section 389 of Cr.P.C. Hence, the application is rejected. Criminal Appeal No. 1554 of 2004 filed by the applicant is ready for hearing and, therefore, it is directed to be listed in the present final hearing board at its appropriate place. (SMT. ROSHAN DALVI,J.) (B.H.MARLAPALLE,J.)