1 APPA 615/11 lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 615 OF 2011 IN APPEAL NO.834 OF 2009 Karan @ Basha Sham Pawar : Applicant. versus The State of Maharashtra : Respondent. Ms.Sarojini Upadhyay appointed for the Applicant. Mr. P S Hingorani, APP, for the State. CORAM : NARESH H PATIL & MRS.MRIDULA R BHATKAR, JJ DATE : 28th JUNE 2011 P.C. 1 Heard. 2 This is an application filed by the Applicant/accused for bail. The Appeal filed by the applicant­accused has already been admitted by this Court. The Applicant­accused was convicted and sentenced for the offence punishable under Sections 396, 395 and 397 of the Indian Penal Code by the learned Additional Sessions Judge, Khed in Sessions Case No. 37 of 2003. Along with applicant­accused ten accused were tried. Out of them 9 were absconding therefore trial was conducted against the present applicant­ original accused No. 3. 3 The learned counsel appearing for the applicant­accused submitted that the applicant­accused was not identified by any of the witnesses much less 2 APPA 615/11 eye witnesses P.W.1 and P.W.4. She further submitted that there was no recovery made from the applicant­accused, the applicant­accused is innocent, he has not committed any crime and he was falsely involved in the crime. 4 The learned APP opposed the bail application. He submitted that there is a strong prima facie made out by the prosecution. He submitted that the eye witnesses have deposed against the applicant­accused and the nature of the offence is serious one. 5 We have called for the record and proceedings. We perused the same. We also perused the evidence of P.W. Nos.1 and 4, the medical evidence. We find that the prosecution has made out a strong prima facie case against the applicant­accused. Hence we are not inclined to grant bail to the applicant­ accused. The bail application is rejected. 6 We direct the State Machinery to search for the absconding accused, if they are still absconding and submit its status report to this Court after two weeks. We also direct the Superintendent of Police, Ratnagiri to issue appropriate directions in this record. 7 The secretary, Legal Aid Committee shall disburse the professional charges to the learned counsel in accordance with rules. (MRS.MRIDULA R BHATKAR J.) (NARESH H PATIL, J.)