1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTON CRIMINAL APPLICATION NO.1371 OF 2010 IN CRIMINAL APPEAL NO.514 OF 2008 Amar Avinash Shinde .. Applicant V/s The State of Maharashtra .. Respondent Mr.Rahul Kulkarni, Advocate for the Applicant. Mr.D.P.Adsule, APP for the State. CORAM: A.M.KHANWILKAR AND V.M.KANADE, JJ. DATE: 10th December, 2010. P.C.: 1. This is the second bail application on merits. The first bail application was rejected by the Bench of Justice F.I.Rebello and Justice K.U.Chandiwal. None of the Judges are presently available. As a result, we have to proceed with this application. 2. Ordinarily in such a situation, the Court would consider only the changed circumstances. However, counsel for the applicant submits that some crucial argument was not canvassed on the earlier occasion. According to him, the Court did not consider 2 the efficacy of the statement of the father of the deceased – PW6. We find no substance in this argument. The other circumstances and the evidence adverted to by the earlier Bench in the order dated 1st July, 2008 cannot be discarded merely on this argument. To get over this position, counsel for the applicant submits that much emphasis has been placed on the fact that the clothes of the applicant were found to contain blood resembling to the blood group of the deceased i.e. “B” group. He submits that the said blood stains were at the bottom of the trouser of the applicant. He had visited the scene of offence and in all probability the blood lying on the spot may have come in contact with the trouser. This argument clearly overlooks the prima-facie opinion recorded on the earlier occasion that the defence has not offered any explanation with regard to the presence of the blood group of the deceased on his clothes. It is not the argument of the learned counsel that the said finding is incorrect. Taking overall view of the matter, we find no reason to depart from the conclusion reached on the earlier occasion. This 3 application fails and is accordingly rejected. 3. At this stage, counsel for the applicant prays for expeditious hearing of the appeal. If the appeal is ready in all respects, office to process the appeal as per its turn under the caption “Convicts In Jail”, which in itself is considered as expedited case as per the present assignment. As of now the appeals of the year 2002 pertaining to the said category are already on final hearing board. Hence, appeal shall proceed as per its turn under the said category. (V.M.KANADE, J.) (A.M.KHANWILKAR, J.)