1 MNM IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPLICATION NO.1179 OF 2009 IN CRIMINAL APPEAL NO.598 OF 2008 Kamlesh @ Jignesh Hirabhai Gami ...Applicant (Orig.Accused No.1) Vs. The State of Maharashtra ...Respondent Dahisar Police Station (Complainant) Mr.A.K.Moily Advocate for the Applicant Mrs.A.A.Mane, A.P.P for the State CORAM: SMT.ROSHAN DALVI, J. DATED: 1ST DECEMBER, 2009 P.C. 1.The applicant has been charged and convicted for offences punishable under Sections 368, 387 read with 34 of the I.P.C as also under Sections 37 and 135 of the Bombay Police Act. 2.The incident took place on 23rd December 2006. The applicant has been convicted on 30th July 2007. The applicant has been in custody since 24th December 2006. The key of the room where the victim was confined after 2 being kidnapped has been recovered. It is contended on his behalf that the recovery is from open space, that aspect will have to be seen in the Appeal. 3.From the evidence it is seen that no case for bail after conviction is made out. The learned A.P.P states that the applicant is not a resident of Mumbai or this State. He is the resident of Rajkot. The applicant cannot be released on bail pending the Appeal. 4.The application dismissed. (SMT. ROSHAN DALVI, J.)