ba 1275-11.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI. APPLICATION NO. 1275 OF 2011 (for BAIL) Vishal Ashok Narayane .. Applicant Vs The State of Maharashtra .. Respondent Mr. Dipak Shinde for the Applicant Mr. J.P. Kharge, APP for the State CORAM : SMT. V.K. TAHILRAMANI, JJ DATE : 20th DECEMBER, 2011 IN CHAMBER at 2.40 p.m. P.C.: 1. Heard the learned advocate for the applicant and learned APP for the State. 2. The applicant is seeking bail in C.R. No. 183 of 2008 of Pant Nagar Police Station, Ghatkopar, Mumbai. He is being prosecuted in a case under Section 302 of IPC for causing death of Sohail Shaikh. The incident occurred on 22nd August, 2008. The applicant had earlier preferred application for bail which came to be rejected by detailed order dated 7th May, 2009. 3. The learned advocate for the applicant has submitted that 1 ba 1275-11.doc there is no progress in the trial and in fact, even the charge has not been framed. He has further submitted that the applicant is in custody since 23rd August 2008. Since the last 2 and 1/2 years since his bail application was rejected, there has been no progress in relation to the trial, hence, he has prayed that bail be granted to the applicant. 4. The applicant was arrested on 23rd August, 2008. Thus, he has been in custody for hardly three years. This passage of time is not as such as to reconsider his prayer for bail. No other change in the circumstances has been pointed out by the learned advocate for the applicant. In this view of the matter, I am not inclined to grant bail to the applicant. The application is rejected. [ SMT. V.K. TAHILRAMANI, J ] 2 ba 1275-11.doc 3