1 Ladda IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.606 OF 2009 IN CRIMINAL APPEAL No. 604 of 2009 Pravin Navnath Shinde @ Gottya .. Applicant. vs. The State of Maharashtra ..Respondent. Mr Aniket Vagal , Advocate for the applicant. Mr D.P.Adsule, A.P.P. ,for the State. CORAM: : A.R.JOSHI,J. DATED : 9th July, 2009. P.C.:- 1. Heard rival submissions for some time on this bail application preferred by the applicant accused No.2. Perused the notes of evidence. Also perused the impugned judgment and order of conviction of the appellant along with co-accused No.1, for the offence punishable under Section 397 of the I.P.C. 2. Reportedly, incident of robbery took place on 3.11.2007 at about 7:30 p.m. when the complainant and his friend were proceeding along the railway track at Vashi 2 to get the train at Turbhe railway station. That time when they crossed three boys walking ahead of them, two of them, including the present applicant, accosted the complainant and his friend and tried to caught hold them. The complainant was detained by accused Nos.1 and 2. Whereas friend of the complainant could escape and ran away. Mobile of the complainant was removed by accused No.1 and he asked the present applicant Accused No.2 to give him a knife and on this, present applicant gave a knife to his associate – accused no.1 and with the help of such knife, accused no.1 stabbed the complainant on his abdomen causing severely bleeding injuries. After the incident of robbery in which the severe injury was caused and knife was used, robbers ran away from the spot. The complainant was taken to the Hospital for immediate treatment. On the next day, police came and recorded complaint of the injured. Considering this circumstances, though the applicant was on bail during the trial, in the opinion of this Court, now after his conviction and sentencing him for seven years and fine of Rs.5,000/-, it would not be in the fitness of the situation to release him on bail during the pendency of the appeal. 3. In the result, present bail application is dismissed and accordingly disposed of. (A.R.JOSHI,J) 3