* 1 * Cri.Appln. 258.2011 13.10.2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 258 OF 2011 IN CRIMINAL APPEAL NO. 779 OF 2005 Moinuddin Masiuddin Khan .... Applicant V/S. The State of Maharashtra .... Respondent Mr. Ashish Sawant, Advocate for the applicant. Mr. V.B. Kondedeshmukh, APP for the State-respondent. CORAM :- A.M. KHANWILKAR, & P.D. KODE, JJ. 13th OCTOBER, 2011. P.C. :- 1. The only ground on which this application for bail is pursued by the applicant is that he has already spent substantial period of almost 13 years and 9 months in jail with remission as of now. The learned APP rightly relies on the decisions of the Apex Court in (i) (2010) 3 SCC (Cri) 299 : (2009) 16 SCC 370 {Sunil Kumar Sinha V/s. State of Bihar and anr.} and (ii) (2010) 3 SCC (Cri) 165 : (2010) 6 SCC 417 * 2 * Cri.Appln. 258.2011 13.10.2011 {Rabindra Nath Singh V/s. Rajesh Ranjan @ Papu Yadav and anr.} that merely because the applicant is in jail for some time and the High Court is not in position to take up the appeal for hearing in the near future, by itself, can be no ground for grant of the appeal. In the circumstances, the request made by the applicant on the sole ground cannot be taken forthwith. 2. Counsel for the applicant submits that, in that case, at least, the hearing of the appeal be expedited. Even this request cannot be acceded to, inasmuch as the appeals pertaining to the year 2005 are already treated as expedited matters and even ordered to be placed before this Bench as per the present assignment. The applicant will have to wait for his turn in the said category of cases and cannot get precedence over older cases. Besides, the Court is already preoccupied with four Confirmation Cases lined up one after another. 3. In the circumstances, the application for fixed date of hearing cannot be granted. The same is rejected. [P.D. KODE, J] [A.M. KHANWILKAR, J]