1 cri.appln.326-11 mgn IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.326 of 2011 IN CRIMINAL APPEAL NO.755 OF 2009 Sakir Nanku Khan ....Applicant Vs. The State of Maharashtra ....Respondents Mr. Arfan Sait, for the applicant. Dr. F.R. Shaikh, APP for State. CORAM: B. H. MARLAPALLE & U.D.SALVI, JJ. DATED: 15th March, 2011 P.C. We have heard Mr.Arfan Sait, the learned appointed Advocate. This is an application for being released on bail during the pendency of Criminal Appeal No.755 of 2009. 2. The applicant has been convicted and sentenced for an offence punishable under Section 304 of I.P.C. and the said order is a subject matter of challenge in Criminal Appeal No.755 of 2009 which has been admitted by us. 2 cri.appln.326-11 3. As per the prosecution case the applicant was in the employment of a private company near Munsi compound at Kashimira. Shri Gangan Ranjit Bahadur was working as a watchman of nearby residential building by name Shalimar Apartments. There was a quarrel between the accused and Gangan Bahadur. On 16th August, 2005 at about 10.20 a.m., the applicant assaulted Gangan with a knife when he was proceeding towards Munsi compound. He inflicted multiple blows on different parts of the victim and those injuries resulted in the death of deceased Gangan Bahadur. 4. The prosecution examined in all 12 witnesses and claimed that P.W. 3, P.W.09 and P.W.10 were eye witnesses to the incident, whereas P.W.1- Mohammod Salim Shah was the witness who had seen the accused running away after he assaulted the deceased. P.W.6-Dr. Dhotre had conducted the postmortem and postmortem notes indicated that the deceased suffered incised wounds. He observed perforated stab injuries on the stomach and chest of Gagan Bahadur. He also observed incised wounds on right shoulder joint, left buttock and fingers of right hand of deceased. These injuries were caused to inner side of chest wall, intestines and stomach. The intestines and omentum were protruding out of the stomach. The assault was so deadly. The prosecution relied upon the evidence of P.W.2- Babusahab Immasahab Hardegid for the recovery of weapon and arrest panchnama. 3 cri.appln.326-11 5. 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. 6. Hence the application is rejected. (U.D.SALVI, J.) (B. H. MARLAPALLE, J.)