- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.203 OF 2010 in CRIMINAL APPEAL NO.366 of 2008 Sunil Shambho Donde ... Applicant vs The State of Maharashtra ... Respondent Mr.Nilesh Pawaskar for Applicant Ms.P.P.Shinde A.P.P.for Respondent CORAM: B.H.MARLAPALLE & MRS.MRIDULA BHATKAR,JJ DATE: 22nd M arch, 2010 P.C. 1. We have heard Mr.Pawaskar, learned counsel for the applicant. Criminal Appeal No.366 of 2008 has been filed by the applicant and the same is admitted by this Court on 6th May 2008. By this application he prays to be released on bail during the pendency of the appeal by suspending the order of sentence. 2. In Sessions Case No.479 of 2007 the prosecution case was that the deceased Vijaya wife of the present applicant was set on fire by the applicant on 22nd November, 2006 while they were at home at about 8 a.m. and the incident occured on account of the quarrel between the husband and the wife for the preparation of - 2 - pooja. We have perused the depositions of PW 2 Kumar Durgesh Sunil Donde-the minor son of the couple, PW 5 Dr.Mihir Avinash Rananavare and PW 6 PSI Umakant Tannu. The trial Court has held that the charge punishable under section 302 of the Indian Penal Code was proved against the applicant who has been sentenced to undergo rigorous imprisonment for life. 3. Mr.Pawaskar relied upon the decision in the case of STATE OF RAJASTHAN VS PRITHVI RAJ 1995 (3) Crimes 260. We are not hearing the appeal filed by the applicant as of now and we have examined whether there is a prima facie case made out by the applicant for being released on bail by suspending the order of sentence. 4. We are satisfied that there is no case made out to release the applicant on bail pending the appeal and hence this application fails and it is hereby rejected. 5. Hearing of Criminal Appeal No.366 of 2008 is hereby expedited. Paperbook dispensed with if Private Paper Book copies are filed within two months. Liberty to apply for fixing an early date of hearing. B.H.MARLAPALLE, J MRS.MRIDULA BHATKAR, J - 3 -