abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3619 OF 2007 Shahjad Ahmed Khan .. Applicant V/s The State of Maharashtra .. Respondent Mr.M.M. Khokhawala for the applicant. Mr.Rajesh More, A.P.P. for the State. CORAM : D.G. KARNIK, J. DATE : 1ST FEBRUARY 2008 P.C. P.C. P.C. : 1. Heard. 2. The applicant is arrested on 6th June 2006 and is in custody since then in connection with a crime registered at Trombay Police Station under C.R. No.167/2006 punishable under section 302 of the Indian Penal Code. The applicant seeks bail inter alia on the ground that there is no prima facie material connecting him to the crime and that the trial is not likely to be over soon. - 2 - 3. Learned A.P.P. submitted that the trial has already commenced. In fact, the hearing commenced on 15th December 2006, but on account of application made by the accused no.1 that he was a juvenile, the hearing of the trial was adjourned till the question about the minority of the accused no.1 was decided. The accused no.1 has been held to be major and the hearing of the trial has recommenced. Learned A.P.P. further submitted that the prosecution is ready with the evidence and would go on with the trial expeditiously. 4. In view of the fact that the trial has already commenced, the prosecution is ready with the evidence and the prosecution would not ask for unnecessary adjournment, it would not be appropriate at this stage to consider the application for bail. It must also be noted that the offence is a serious offence, where two persons have been killed, punishable with death or imprisonment for life. Taking into consideration the gravity of the offence and the fact that the trial has commenced, this is not a fit case for grant of bail at this stage. Application is rejected. 5. It is clarified that if the trial is not completed within 3 months, the applicant may apply for bail afresh. - 3 - (D.G. KARNIK, J.)