1 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CRIMINAL APPLICATION NO.1 OF 2010 IN CRIMINAL APPEAL NO.394 OF 2007 Pritam Namdeo .. Petitioner -versus Union of India and anr .. Respondent Mr. Ayaz Khan & Nilofar Saiyed for the petitioner Mr.Francis Saldhana, Spl DRI Mrs. M.R.Tidake, APP for the State. CORAM: V. M. KANADE, J. DATED: 23rd March, 2010 P.C. 1. This is third application for bail. Firstly the applicants were rejected on merits on 9.7.2008.The second application was also rejected by this Court on l9.1.2009. The Counsel, appearing on behalf of the applicant submits that liberty was granted to file fresh application to the applicant, in case the appeal is not heard or disposed of. Pursuant to the liberty granted to the applicant, this application is filed . The applicant has undergone 7 years and 7 months of the sentence out of l0 years which was awarded by the 2 Sessions Court. He relied upon the judgment of the Hon’ble Apex Court, in case of Mansing -vs- Union of India, reported in 2006 (Criminal) 279 and other orders passed by this Court. On the other learned counsel, appearing on behalf of Union of India, relied upon the judgment of Apex Court in case of Ratan Kumar Vishwas -vs- State of UP and anr, and Union of India -vs- Shiv Shanker Kesari , (2207) 3 Supreme Court Cases (Cri), 505 and several other judgments. 2. In my view taking into consideration the ratio in the judgment in case of Ratan Kumar Vishvas and Shiv Shanker Kesai, it is not possible to grant the bail to the applicant only on the ground that the the period of 7 years has been elapsed from the arrest and detention of the applicant. Application for bail is, therefore, rejected. However, the office is directed to place the appeal on board on l2.4.2010. ( V.M. KANADE, J.)