((-1-)) mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.40 OF 2008 IN CRIMINAL APPEAL NO.350 OF 2003 Satyanarayan @ Raju Sunderlal Jangare Applicant versus The State of Maharashtra Respondent Mr.Abjay Kumar apte for applicant. Mrs.M.H.Mhatre, APP for State. CORAM : F.I.REBELLO AND A.A.KUMBHAKONI, JJ. DATE : 21st October 2008 PC : 1. This is an application for bail moved on 14th January 2008. The applicant/appellant has been convicted for the offence punishable u/s 302 of the Indian Penal Code in 2002. During pendency of the trial he was not on bail. Learned counsel for the appellant points out that the appellant has not applied for bail earlier. The only ground on which the bail application is preferred is that the appellant is in custody for the last about nine years. It is further submitted that though the appeal is on board for hearing for last about sixteen ((-2-)) months, the appeal has not been heard. 2. In our opinion, merely because the appeal is not heard by itself cannot be a ground in a case where conviction is under section 302 of the Indian Penal Code. We have sympathy for the appellant, however, the appeal can only be taken as per their seniority, considering that there are earlier appeals than that of the appellant. His appeal will be heard as per its own turn. 3. Criminal Application disposed off accordingly. (A.A.KUMBHAKONI, J.) (F.I.REBELLO, J.)