1 (crim appln 738of 2010) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.738 OF 2010 IN CRIMINAL APPEAL NO. 431 OF 2010 Steefan Rajmani Nadar ...Applicant Vs. The State of Maharashtra ...Respondent ----- Mr.Ujwal Agandsurve for Applicant Mr.P.S. Hingorani -APP for State ----- WITH CRIMINAL APPLICATION NO.747 OF 2010 IN CRIMINAL APPEAL NO. 442 OF 2010 Abdul Rahiman Ali and Anr. ...Applicants Vs. The State of Maharashtra ...Respondent ----- Mr.Shriram Chaudhari i/b. Mr.Priyal Sarda for Applicants Mrs. M.R. Tidake ----- CORAM: V.M. KANADE J. DATED: 8TH SEPTEMBER, 2010 P.C. 1. Heard the Learned Counsel appearing on behalf of the Applicants and the Learned APP for the State. 2 (crim appln 738of 2010) 2. After the matter was argued, the Learned Counsel for the Applicants sought permission to withdraw these applications. Since the matter is already argued by the Applicants, hence, the request for withdrawal of these applications is rejected. 3. The Applicants have been convicted for the offence punishable under section 397 of the Indian Penal Code and sentenced to suffer R.I. for 7 years and to pay fine of Rs.5,000/- and, in default, to suffer R.I. for six months. 4. The prosecution case is that the Applicants and other accused committed dacoit and while doing so, one person was killed and another person was injured. There are eye witnesses to the said incident. There are other materials on record, which show the involvement of the Applicants. 5. Taking into consideration the gravity of the offence and materials on record, in my view, this is not a fit case for grant of bail. Hence, applications for bail are rejected. 3 (crim appln 738of 2010) 6. Leave to amend is granted in Criminal Application No. 747 of 2010. (V.M. KANADE J.)