/ 1 / IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 328 OF 2008 IN CRIMINAL APPEAL NO.208 OF 2008 Nasir Pocchi ...Applicant Vs. The State of Maharashtra ...Respondent --- Shri Sushan Kunjuraman Shri P.A. Pol- APP for State ---- CORAM: V.M. KANADE J. DATED 11TH NOVEMBER, 2008 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicant and the learned APP for State. The Applicant has been convicted by the Trial Court for the offence punishable under section 307 r/w. Section 120B and section 34 of the Indian Penal Code and section 3 (1) (ii) of the MCOC Act. The Applicant has been sentenced to undergo R.I. for 5 years. 2. The learned Counsel for the Applicant submits that the four accused have already been acquitted by the Trial Court. He submitted that the Applicant has already undergone 36 months of sentence. He submitted that only evidence against the present Applicant is in the form of confessional statement recorded by the police and certain recoveries at his instance. 2. Taking into consideration the seriousness of the charge levelled / 2 / against the Applicant and the finding recorded by the Trial Court and since the Applicant is in jail from the last 3 ½ years, it will be appropriate to expedite the hearing of the appeal. 3. Appeal is fixed for final hearing in the week commencing from 24th November, 2008. Application is, accordingly, disposed of. V.M. KANADE J.