1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1398 OF 2009 IN CRIMINAL APPEAL NO.1243 OF 2008 Dnyaneshwar @ Nilesh Shankarrao Padwal .... Applicant V/s. The State of Maharashtra ..... Respondent Mr.Rajesh D. Bindra, for the applicant. Shri K.V.Saste, A.P.P., for the respondent State. CORAM :P.B.MAJMUDAR, & R.G.KETKAR, JJ. DATE : 08TH JANUARY, 2010 P.C. 1. Heard the learned counsel for the applicant and the learned A.P.P., for the State. In our view, this is not a case in which accused is required to be released on bail pending the appeal. The applicant/accused has been convicted under Section 302 of IPC by the learned Sessions Judge by relying upon the evidence of P.W.3, who alleged to have witnessed the incident. 2. The learned counsel for the applicant however, submitted that such evidence is not reliable and the learned Sessions Judge has gravely erred in convicting the accused by relying upon the testimony of P.W.3. However, at this stage, this Court would not like to appreciate the entire evidence on record as the said exercise is required to be done at the 2 time of hearing of the appeal. Prima facie, involvement of the accused cannot be ruled out as on the basis of appreciation of evidence, he has been found guilty. Since the applicant has been convicted under Section 302 of IPC by relying upon the evidence of P.W.3, we would not like to exercise our discretion by releasing the accused on bail. Considering the facts and circumstances of the case, we expedite the hearing of the appeal and it is directed that the same may be placed for final hearing in the first week of April 2010. 3. At this stage, the learned counsel for the applicant submitted that the applicant may be released on temporary bail as he is required to monitor admission of his daughter. For this purpose, it will be open to the applicant to file separate application for temporary bail. 4. In view of what is stated above, the criminal application is rejected. ( R.G.KETKAR, J. ) ( P.B.MAJMUDAR, J.)