1 151011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY vgm CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1510 OF 2011 WITH CRIMINAL APPEAL NO. 329 OF 2005 Sanjay Baburao Desai ...Applicant V/s. The State of Maharashtra & Ors. ...Respondents Mr. A.S. Khandeparkar i/by M/s. Khandeparkar & Associates for the Applicant Mrs. A.S. Pai, A.P.P., for the State CORAM: A.M. KHANWILKAR AND R.G. KETKAR, JJ. DATE: DECEMBER 9, 2011. P.C.:- Two reliefs have been claimed in this application. The first is to expedite hearing of the appeal, and the second is, in the alternative, to release the applicant on bail, because he has already undergone substantial period of sentence of about 7½ years. 2 151011 2. As regards the first prayer, the appeal pertains to year 2005. All appeals of convicts in jail of that year have been treated as Expedited Cases, as per the present assignment. The applicant will have to wait for his turn under the said category, and cannot get precedence over older cases of the same year. Hence, the prayer for early hearing is rejected. 3. As regards the prayer for bail, it is noticed that the application for bail was already rejected on merits on 28th March, 2005 by this Court and again on 11th September, 2007. It is not possible to entertain successive bail applications on merits. 4. As regards the argument that the applicant has already undergone substantial period of sentence, that, by itself, cannot be the basis to release the accused on bail, in view of the decision of the Apex Court in the case of Rabindranath Singh v. Rajesh Rajan - (2010) 6 S.C.C. 417. 5. The learned counsel for the applicant prays for withdrawal of the application, with liberty to move application for bail, if there are any changed circumstances and can be ground for relief of bail. 3 151011 6. Application is dismissed accordingly. R.G. KETKAR, J. A.M. KHANWILKAR, J.