1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION NO. 2710 OF 2009 IN CRIMINAL APPEAL NO. 329 OF 2006 (Mahesh Parshuram Shedmake .v. State of Maharashtra) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. CORAM : D.D. SINHA AND PRASANNA B. VARALE, JJ. 06TH AUGUST, 2009. Heard Shri R.P. Joshi, the learned Counsel for the applicant and Shri A.M. Deshpande, the learned APP for the respondent/State. The present criminal application is moved by the applicant for grant of bail. The learned Counsel for the applicant has brought to our notice that the appeal is of the year 2006 and the applicant is in jail since 2004. It is contended that though the earlier application of the applicant for grant of bail was rejected on merit by this Court vide order dated 27.02.2007. However, since the Criminal Appeal is not heard by this Court for almost more than four years from the date of his arrest, the applicant has filed the present criminal application for bail in view of 2 the decision of the Supreme Court in the case of Takht Singh and others .v. State of M.P. (reported in 2001(10) SCC 463) . The learned APP has submitted that the earlier application of the applicant was dismissed by this Court on merit. The appeal is of the year 2006. It is also brought to the notice of this Court that the Criminal Appeals of the years 2003-2004 are being taken by this Court for final hearing and, therefore, the appeal of the appellant even otherwise in due course would be listed for final hearing within reasonable time. Considered the rival contentions canvassed by the respective Counsel. Perused the aforesaid decision of the Apex Court. It is no doubt true that if the appeal is not heard within reasonable time then the application of the applicant for grant of bail needs to be re-considered on its own merit. In the instant case, the appeal is of the year 2006 and the earlier application of the applicant for grant of bail was rejected by this Court on merit vide order dated 27.02.2007. Hence ends of justice will be met if the application is disposed of with the following directions. If the appeal is not heard within one year from today, we direct the office to prepare the paper book within a period of eight weeks from the date of expiry of one year from today and list the criminal appeal for final 3 hearing. With these observations, the criminal application is disposed of. JUDGE JUDGE