1 appa1342.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Criminal Application No. 1342 of 2010 IN Criminal Appeal No. 214 of 2008 Dadasaheb Balaram Jadhav ..Applicant v/s. The State of Maharashtra ..Respondent Mr. Rahul Thakur – advocate for the applicant. Ms. M.H. Mhatre – APP for the State. CORAM:- A.M.KHANWILKAR & A.P. BHANGALE, JJ DATED :- DECEMBER 21, 2010. P.C. Heard Counsel for the Applicant and Learned APP of the State. 2. This is third bail application filed by the applicant – accused no.1. The first two bail applications essentially were on the ground that the Applicant’s mother was likely to be operated. However, the said two 2 appa1342.10.sxw applications came to be rejected in terms of order dated 22nd September, 2008 and 10th August, 2009 respectively. Now the Applicant intends to pursue his present bail application on merits. 3. Having regard to the evidence on record and, considering the fact that there is overwhelming material to indicate the complicity of the Applicant as there is eye witness who has deposed about the involvement of the Applicant. No case for Bail is made out. The view taken by the trial court is a possible view. 4. Counsel for the Applicant submits that the witness PW-3 is a chance witness and his evidence be discarded. Further, there is hardly any other substantive evidence on the basis of which the Applicant can be found guilty for the alleged offence. The argument does not commend to us. The evidence of PW-3 appears to be natural and cannot be discarded at this stage. Accordingly, the Application should fail. The same is rejected. 5. At this stage, Counsel for the Applicant prays that the hearing of the appeal be expedited. We have no difficulty in acceding to this request. If appeal is ready in all respects, it may proceed for hearing as per its turn under 3 appa1342.10.sxw caption ‘convicts in jail’. The category of caption ‘convicts in jail’ is already an expedited category as per the present assignment. Ordered accordingly. (A.P.BHANGALE, J) (A.M.KHANWILKAR, J)