appa 1500-11.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1500 OF 2011 IN CRIMINAL APPEAL NO. 29 OF 2006 Sanjay Bhiku Gade .. Applicant Vs The State of Maharashtra .. Respondent Mr. Hiten Venegaonkar for the Applicant Ms. Gadhavi, APP for the State CORAM : S.A. BOBDE & SMT. V.K. TAHILRAMANI, JJ DATE : 23rd DECEMBER, 2011. P.C.: 1. Heard the learned counsel for the applicant and learned APP for the State. 2. The applicant - original accused has been convicted under Section 302 of IPC for causing death of Dattatraya by assaulting him on the head with sickle. The applicant had earlier preferred application for bail which came to be rejected by this Court. 3. The applicant has preferred this fresh application for bail. The learned advocate for the applicant could not point out any 1 appa 1500-11.doc change in circumstances except the fact that the applicant is in custody since long period of time. 4. There was dispute between the applicant and the deceased on account of money. On 08.10.2002, the accused had come to the house of the deceased Dattatraya and assaulted Dattatraya with kick blows and stone. On the next date i.e on 09.10.2002 at about 11.00 a.m., when the deceased was near the grocery shop, the accused come with sickle and gave blows with the sickle on the head of Dattatraya. 5. Looking to the injury sustained by Dattatraya and the evidence on record, we are not inclined to grant bail. However, looking to the fact that the applicant is in custody since long time, hearing of the appeal is expedited. 6. If the paper books are ready, the appeal be placed on final hearing board in the week commencing from 16th January, 2012. 7. The application is disposed of in above terms. [ SMT. V.K. TAHILRAMANI, J ] [ S.A. BOBDE, J ] 2 appa 1500-11.doc 3