VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 365 OF 2007 IN CRIMINAL WRIT PETITION No. 93 OF 2004 Anil Ramchandra Mane Petitioner Vs. State of Maharashtra & Anr. Respondents Mr. Y. Choudhari, for the Petitioner. Mrs. S. D. Shinde, APP for the Respondents. CORAM : F.I. REBELLO, & A. A. KUMBHAKONI, J. DATE : OCTOBER 22, 2008. PC :- 1. The applicant has been convicted for an offence punishable under section 302 of I.P.C. and sentenced to imprisonment for life and is in custody since 11th March, 2001. An earlier application for bail moved was dismissed without being argued. 2. This is a fresh bail application by the applicant. The learned counsel on behalf of the applicant submits that there are two circumstances which this Court must consider. Firstly, this would be a case of provocation; and secondly, there is an - 2 - issue of self-defence. It is submitted that accused is already in jail for the last about seven years and in these circumstances, the accused should be granted bail. 3. The contentions as have been urged by the appellant will have to be considered at the time of final hearing. Applicant was not on bail during the course of trial and since the date of conviction itself i.e. 19th March, 2003 applicant is in jail. In our opinion therefore, this would not be a stage for considering the bail application. Hence, application is rejected. 4. The learned counsel submits that appeal is of 2004 and is not likely to come up for hearing for some time. In these circumstances, he prayes for liberty to file fresh application for bail. If the matter does not reach for final hearing, after six months, applicant will be at liberty to apply for bail. . Application for bail is accordingly rejected. Sd/- Sd/- [ A. A. KUMBHAKONI, J.] [ F.I. REBELLO, J.]