-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 21 OF 2009 IN CRIMINAL APPEAL NO. 728 OF 2004 1. Shri Uttam Lalsingh Pawar & Ors. .. Applicants/ Appellants. V/s. The State of Maharashtra .. Respondent. --- Mr. Z.M.Avhad for the Applicants. Mr. Rajesh More, APP for the Respondent -State. CORAM : R. V. MORE, J. CORAM : R. V. MORE, J. CORAM : R. V. MORE, J. DATED : 22nd JANUARY, 2009. DATED : 22nd JANUARY, 2009. DATED : 22nd JANUARY, 2009. P.C.: P.C.: P.C.: . Heard. 2. This is an application for bail. It is submitted by Mr. Avhad, learned counsel for the applicants/ appellants that the applicants /appellants no. 2 to 4 have already undergone their sentences and therefore, appeal against them is already withdrawn under the orders of this court. He further submitted that sofar as applicant no.1 is concerned, he was taken in the custody on 17th of February, 2003 and till today he has completed approximately 6 years in the custody. The applicant no.1 -: 2 :- convicted for the offence punishable under section 304-Part (II) and u/s. 394 read with section 34 of the Indian Penal Code. Under section 304 part II he is sentenced to undergo R.I.for 10 years and for the offence punishable under section 394 read with section 34, he is sentenced to undergo R.I. for 5 years. 3. In view of the above, I am not inclined to grant bail to the applicant no.1. However, I am satisfied that the appeal of applicant no.1 deserves to be heard as expeditiously as possible. The office is, therefore, directed to fix the criminal appeal no. 728/2004 on board of final hearing in the week commencing from 24th of February, 2009. 4. Mr. Avhad, learned counsel for the applicant undertakes to file the private paper book and supply copy of the same to the learned APP within a period of three weeks from today. Office to certify the paper book and show the appeal for final hearing as stated above. (R.V.MORE,J.)