1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELOLATE JURISDICTION CRIMINAL APPLICATION NO. 4005 OF 2009 Ajay Anant Ghag ....Applicant. V/s State of Maharashtra .... Respondent. Mr. Sudhir Halli i/b Mr. Vaibhav Jathar for the applicant. Mr. H.J. Dedhia, APP for the State. CORAM: V.M. KANADE, J. DATE : 12th October, 2009 P.C.: 1. Heard the learned Counsel for the applicant and the learned APP for the State. 2. This is a second application for bail. The first application was rejected by this court on merits on 4/2/2009. It is submitted that only one witness has been examined so far and the applicant was not produced before the court on number of occasions by the Superintendent of Jail and, therefore, the matter was adjourned from time to time. It is further submitted that the prosecution has given list of 45 witnesses and, therefore, the trial may not be over in near future. The learned Counsel for the 2 applicant also tried to submit that taking into consideration the material which is on record, applicant is entitled to be released on bail. 3. The learned APP appearing on behalf of the State, on the other hand, after taking instructions from the Investigating Officer, submits that the prosecution proposes to examine about 15 to 16 witnesses only out of list of 45 witnesses which has been given. He further submitted that since no court was assigned to take up this matter, further witnesses could not be examined. He submitted that now the Court is assigned to take up this case. The court to which this case has been assigned, has started recording the evidence of the witnesses. He submitted that the trial will be over within a period of 3 to 4 months. 4. In view of the liberty given to the applicant, this second application has been filed. It is not possible to reconsider the case of the applicant on merits and if the applicant is aggrieved by the order rejecting his application for bail on merits, he has to challenge it in the Apex Court. However, in view of the statement made by the learned APP, in my view, some progress has been made in the case and the trial is likely to be over within a period of 3 to 4 months. Taking into 3 consideration this fact, at this stage, applicant is not entitled to be released on bail particularly taking into consideration the charges which are leveled against him for the offence which is punishable with imprisonment for life or death. 5. Application of bail is therefore rejected. Liberty, however, is granted to the applicant to apply for bail if the trail is not over within a period of six months. 6. Application is disposed of. (V.M. KANADE, J.)