MP 1 APPA1321_11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1321 OF 2011 IN CRIMINAL APPEAL NO. 1146 OF 2009 Amit @ Pappu Trimbaknath Dubey ... Applicant Versus The State of Maharashtra ... Respondent Ms Anjali Patil, Advocate for the Applicant. Smt. G. P. Mulekar, APP for the Respondent State. CORAM : J. H. BHATIA, J. DATE : 18TH OCTOBER 2011 P. C. : Heard. The applicant, who is the accused No.1, seeks bail pending the appeal against conviction for the offence punishable under Section 394 r/w. Section 397 of the Indian Penal Code and the sentence of rigorous imprisonment for seven years with fine of Rs.4,000/- as also against the conviction for the offence punishable under Section 504 of the Indian Penal Code. 2. The learned Counsel for the applicant contends that the other two accused have been granted bail by this Court pending the appeal. However, the present appellant appears to be a main culprit who had actually assaulted the witnesses with the weapon and had snatched the gold chain and some amount. His role cannot be compared with the role played by the other accused persons, who have been granted bail. Previous application moved by this applicant was not pressed apparently because the Court was not inclined to grant the bail on merits. In view of the above, I am not inclined to grant bail to the applicant. MP 2 APPA1321_11 3. The learned Counsel contends that the applicant has been in jail for last about three years. Taking into consideration the gravity of the offence, in my opinion, this itself cannot be a ground for granting a bail. However, it would be in the interests of justice to take up the appeal itself for Final Hearing at the earliest. Paper-book is ready. 4. Therefore, while the application for bail stands rejected, Criminal Appeal No. 1146 of 201 be listed for Final Hearing. (J. H. BHATIA, J)