1 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY Appellate Side Criminal Application No.580 of 2009 In Criminal Appeal No.540 of 2008 Santosh Sarjerao Pawar Applicant Vs. The State of Maharashtra Respondent Mr.Nitin Sejpal with Ms.Pooja Bhojne for applicant. Mrs.V.R.Bhosale, APP for State. CORAM: B.H.MARLAPALLE & SMT.ROSHAN S. DALVI,JJ. August 24, 2009. P.C. 1. We have heard Mr.Sejpal, the learned counsel for the applicant – original accused no.4. In Sessions Case No.814 of 2002 six accused were put on trial before the learned Addl. Sessions Judge at Sewree, for the offences punishable under Sections 120-B, 302 read with Section 120-B of IPC and Section 3 read with Section 25 of the Arms Act against accused nos.4 to 6. The incident had taken place on 6/5/2002 when Balkrushna 2 Shinge who was proceeding to attend to his duty along with his wife was shot dead around 7 a.m. The prosecution examined in all 20 witnesses including Smt. Geeta Shinge, the only eye witness and the defence examined three witnesses including accused no.1 as DW 1. The TI parade was held on 14/5/2002 and the applicant was taken in custody in the night on 8th May 2002. Mr.Sejpal has referred to the depositions of PW 1 Geeta Shinge, PW 6 – Nikam, PW 10 - Kamlakant Bansode, Special Executive Officer and PW 20 – PI Sawant – IO. As per Mr.Sejpal, the TI parade suffers from number of deficiencies and it is unreliable. We have gone through the depositions of PW 1 Geeta Shinge and also the opinion of the Ballistic Expert. Mr.Sejpal emphasized that the applicant is in custody for over about seven years and on account of the deficiencies in the TI parade making it unreliable, he deserves to be released on bail forthwith pending his appeal. 2. We are not impressed by these submissions and we are satisfied that there is no case made out to suspend the order of sentence and release the applicant on bail as of now though the applicant is the only accused who has been convicted and sentenced. Hence the application is rejected. 3 3. However, we grant liberty to apply for fixing the early date of hearing as soon as the appeal is ready. (SMT.ROSHAN S. DALVI,J.) (B.H.MARLAPALLE,J.)