Dixit 1 APPA-1362-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1362 OF 2011 IN CRIMINAL APPEAL NO.444 OF 2005 Jakavva Kallappa Hipargi ... Applicant V/s. The State of Maharashtra ... Respondent Mr. Umesh Mankapure for the Applicant. Mrs. A.S. Pai, A.P.P., for the Respondent­State. CORAM : A.M. KHANWILKAR & R.G. KETKAR, JJ. DATE : 14 TH NOVEMBER, 2011. P.C. : 1. The fact that the Applicant has already undergone almost nine years of actual imprisonment coupled with the fact that the possibility of hearing of Appeal in the near future is unlikely by itself cannot be the basis to release the Applicant on bail. The application for bail on merits filed by the Applicant has already been rejected by this Court on 11th July, 2005. 2. Considering the dictum of the Apex Court in Rabindra Nath Singh Vs. Rajesh Ranjan alias Pappu Yadav & Anr., along with connected matters, reported in Dixit 2 APPA-1362-11 (2010) 6 SCC 417, it is not possible to countenance the stand taken by the Applicant for grant of bail on that count. Besides, the assumption of the Applicant that the Appeal is not likely to be heard in the near future is misplaced. This Bench has been constituted only to take up the Criminal Appeals of years 2005, of the convicts who are in jail, for final hearing. The Applicant will have to wait for her turn. 3. Accordingly, this Criminal Application is disposed of. [R.G. KETKAR, J.] [A.M. KHANWILKAR, J.]