1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO.36 OF 2008 APPLICATION NO.36 OF 2008 APPLICATION NO.36 OF 2008 IN IN IN CRIMINAL CRIMINAL CRIMINAL APPEAL NO.1259 OF 2006 APPEAL NO.1259 OF 2006 APPEAL NO.1259 OF 2006 Mr.Usman Ali Manan Ali : Applicant. versus The State of Maharashtra : Respondent Mr.S.R.More for the applicant. Mrs.M.H.Mhatre, APP, for the State. CORAM CORAM CORAM : J.H.BHATIA, J. : J.H.BHATIA, J. : J.H.BHATIA, J. DATED DATED DATED : 14th March, 2008. : 14th March, 2008. : 14th March, 2008. P.C. P.C. P.C. 1. The present applicant was convicted for the offence punishable under Sections 392, 397, 427 r/w 120B of the Indian Penal Code as also under the Arms Act and was sentenced to imprisonment for various terms and the maximum sentence is R.I. for seven years under Section 2 397 r/w 120B of the Indian Penal Code. 2. The first bail application of this applicant was rejected by this court on 23rd January 2007 on merits. His second application for bail was rejected on 19th October 2007 as there was no change in the circumstances. This is his third application for bail. It is contended by the learned counsel for the applicant that even though the applicant is in jail for substantial period and his appeal is not so far taken up for hearing and, therefore, bail may be granted to him. 3. The record reveals that on 23rd January 2007 an order was passed to prepare paper book within two months and list the matter for final hearing along with other appeals of other accused. On 23rd March 2007 I had directed that the appeal be listed for final hearing. However, the appeal is not yet listed for final hearing. The accused was in jail from 28th March 2003 to 6th September 2003 when the bail was granted to him. He was convicted on 17th November 2006 and was taken in custody. Since then he is in jail. Thus practically he has under-gone the sentence 3 for one year and nine months. 4. It is reported that other accused who were also convicted in this case are also in jail. Taking into consideration this aspect, it will be in the interest of justice, to take up the appeal for final hearing as early as possible. The learned counsel for the applicant may move the Court dealing with the appeals for taking up his matter at the earliest. If the appeal is not decided for further period of six months, he shall have liberty to move fresh application for bail again. 5. With the aforesaid directions, the application stands rejected. [J.H.BHATIA,J] [J.H.BHATIA,J] [J.H.BHATIA,J]