1 appa1052-10 agk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1052 OF 2010 IN CRIMINAL APPEAL NO.1339 OF 2007 Santosh Walu Apsunde ..Applicant. Versus The State of Maharashtra ..Respondent. Mr.Pramod Patil for the applicant. Mr.A.S. Gadkari, APP for the State. CORAM : A.M. Khanwilkar, & U.D. Salvi, JJ. DATE : 1st September 2010. P.C. : 1. Heard counsel for the applicant and the learned APP for the State. It is not in dispute that earlier bail application filed by the applicant has already been rejected on merits on 2nd April 2008. This bail application is filed on the ground that the applicant deserves bail on humanitarian considerations. The reasons stated is: that the applicants father is 72 years of age and needs to be looked after. Besides, his mother who has now been released on bail in terms of order dated 3rd July 2009 and is staying with his father is 100% blind. There is no one in the family who can take care of the 2 appa1052-10 aged parents and in particular of the mother who is 100% blind. It is stated that the applicant has agricultural land ad-measuring one and half acres which cannot be cultivated as his father is unable to undertake labor work. 2. We are in agreement with the argument of the learned APP that these cannot be the grounds for releasing the applicant on bail, considering the seriousness of the offense in which applicants wife was murdered by the applicant and other accused being his mother. 3. In the circumstances, this bail application is rejected. However, hearing of the appeal can proceed under caption ‘convicts in jail’, as per its turn, if ready in all respects. 4. It will be open to the applicant to file private paper-book to expedite the hearing of the appeal. As soon as private paper-book is filed by the applicant, the matter be included in the final hearing list under the caption ‘convicts in jail’ as per its turn. 5. The criminal application is accordingly disposed of. (U.D. Salvi, J.) (A.M. Khanwilkar, J.)