1 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY Appellate Side Criminal Application No.93 of 2009 In Criminal Appeal No.858 of 2008 Naseer Khalil Inamdar Applicant Vs. The State of Maharashtra Respondent Mr.A.P.Mundargi, Senior Counsel with Ms.Bhakti Deshpande and Mr.Avinash Kamkhedkar for applicant. Mrs.M.M.Deshmukh, APP for State. CORAM: B.H.MARLAPALLE & SMT.ROSHAN S. DALVI,JJ. July 28, 2009. P.C. 1. We have heard Mr.Mundargi, the learned Senior Counsel with Ms.Bhakti Deshpande and Mr.Avinash Kamkhedkar for the applicant. We have perused the depositions of the two eye witnesses i.e. PW 3 – Tohid Najeer Khatik @ Rangari and PW 4 – Jameer Razak Khatik. We have also perused the reasoning set out in the order of conviction and sentence which is a subject matter of challenge in Criminal Appeal No.858 of 2008. The medical evidence goes to show that the victim died in the assault with multiple injuries and the order of conviction is with 2 the assistance of Section 149 of IPC. We are, therefore, 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. 2. The application is rejected. However, if the private paper book copies are circulated within four weeks, we direct the Registry to certify the same on the basis of the R. & P. and appeal be listed for final hearing in the week commencing from 7th September 2009. We make it clear that the depositions of witnesses as recorded in Marathi will form part of the private paper book. (SMT.ROSHAN S. DALVI,J.) (B.H.MARLAPALLE,J.)