((-1-)) MST IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.304 OF 2008 IN CRIMINAL APPEAL NO.626 OF 2007 Suresh Vithal Dhas Applicant versus State of Maharashtra Respondent Vikas Shivarkar i/by Sachin Thombare for applicant. V.B.Konde Deshmukh, APP for State. CORAM : A.M.KHANWILKAR, J. DATE : 10th April 2008 PC : 1. Heard counsel for the parties. Although the counsel for the applicant made strenuous effort to persuade me to take a view that there is inherent weakness in the prosecution case which can be discerned from the statement of respective prosecution witnesses, however, it is not possible to accede to this submission. The Trial Court has analysed the entire evidence so as to record finding of guilt against the applicant. There are almost five witnesses who have spoken against the applicant so as to indicate his ((-2-)) MST complicity in the commission of the offence punishable under section 304, Part-I of IPC.. At this stage suffice it to observe that it is not a case of no evidence against the applicant or that the Lower Court has committed any error in recording finding of guilt against the applicant. In the circumstances, no case for grant of bail is made out having regard to the seriousness of the offence. 2. However, as the application for bail is rejected and the applicant has already undergone the imprisonment for a period of over two years coupled with the fact that it is unlikely that the appeal will be taken up for hearing in the immediate future, the applicant is permitted to file private paper book to contain all the relevant documents and evidence so as to make the appeal ready for hearing. On filing such private paper book the appeal be proceeded immediately to be included in the final hearing board to be issued as per its turn under appropriate caption. If the appeal does not reach for hearing by March 2009, the applicant may be free to make to make fresh application for bail which will be considered by the Court on its own merits in accordance with law. The applicant to file ((-3-)) MST private paper book within three weeks from today, if applicant is interested in availing of the directions of expeditious hearing of the appeal. 3. In the event the appeal preferred by the present applicant-accused no.2 is to be set down for hearing as ready matter, the appeal preferred by the co-accused shall also be listed along with Criminal Appeal No.626 of 2007 irrespective of the fact that they are already released on bail. The office to give prior intimation about that position to the advocate on record appearing for the co-accused in Criminal Appeal No.415 of 2007. Application disposed off accordingly on the above terms. (A.M.KHANWILKAR, J.)