1 pdp IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO. 298 OF 2009 IN CRIMINAL APPEAL NO. 1333 OF 2008 Mangesh Sambhaji Pawar and ors. .. Applicants Vs. The State of Maharashtra .. Respondent Mr. Shirish Gupte, Senior Advocate with Ms. Sharmila Kaushik for applicants. Mrs. M.M. Deshmukh, APP for State. CORAM: B.H.MARLAPALLE & SMT. ROSHAN DALVI, JJ. July 30, 2009. P.C. 1. We have heard Mr. Gupte the learned Senior Counsel with Ms. Kaushik for the applicants, who were accused nos.1 to 3 in Sessions Case No. 355 of 2006 and it resulted in conviction and sentence of life imprisonment against accused nos.1 to 3. The accused have filed Criminal Appeal No. 1333 of 2008, which has been admitted on 12/1/2009. Pending the said appeal, this application for being released on bail by suspending the order of sentence has been filed by the applicants. 2. We have perused the R & P as well as the oral depositions copies which have been circulated. As per the prosecution in the incident that had taken place on 8/2/2006 in the suburbs of Pune City Mahesh Sitaram Mengade was shot dead and it has been held by the Sessions Court that the same death was a murder committed by 2 accused nos.1 to 3 in furtherance of common intention. As per the prosecution all the three accused had been to the spot on their motorbikes and at least two of them were armed with pistole. After committing the crime, the accused had fled and on the way they robbed the Alto Car from the possession of its owner PW 16 – Pandurang Yadav and abandoned the motorbikes. They were nabbed by Mahesh Sawant – PW 13 at Lonawala, as per the prosecution case. Fingerprint expert PW 11 – Vivek Urade was also examined and so also the ballistic expert i.e. PW 19 – Nandkumar Rokade. PW 2 Avinash Bhagwat, the Head Constable at Paud Police Station had received the report and he recorded it about the car of PW 16 having been snatched away. In the said car when the accused were nabbed, one pistol from accused no.1 was recovered. We have perused the oral depositions of PW 2- Avinash Bhagwat, PW 11 – Vivek Urade, PW 13 – Mahesh Sawant, PW 16 – Pandurang Yadav, PW 17 – Ashok Sawant as well as ballistic expert. 4. We are satisfied that there is no case made out to release the applicants on bail by suspending the order of sentence under Section 389 of Cr.P.C. Hence, the application is rejected. (SMT. ROSHAN DALVI,J.) (B.H.MARLAPALLE,J.)