- 1 - 668 rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.668 OF 2010 in CRIMINAL APPEAL NO.196 OF 2009 Vikas Sakharam Chalke . Appellant (Accused) vs The State of Maharashtra ..Respondent (at the instance of L.T.Marg Police station in C.R.No.255/2005) Mr.Amin Solkar with Mr.Santosh Deshpande for Appellant Mr.J.P.Kharge APP for State ... CORAM: MRS.MRIDULA BHATKAR,J (Chamber) DATE: 17th August, 2010 P.C. 1. Heard learned counsel for the parties. This application for bail is moved by the appellant-accused. The appellant-accused is convicted for offences punishable under - 2 - 668 sections 394, 341, 452,342,395,397 read with section 34 of IPC and under section 3,25 of the Arms Act and for offences punishable under the MCOC Act, 1999. This is second bail application. Earlier application preferred by the appellant-accused was rejected on merits by order dated 15th October, 2009. 2. Mr.Amin Solkar, learned counsel appearing for appellant-accused has submitted that this application is preferred only on the ground that the appellant- accused is convicted in 2005 for a period of seven years and he has as on today undergone 50 % of the period of his conviction. He has submitted that in view of the judgment of Hon ble Supreme Court in the case of STATE OF MAHARASHTRA vs NAZIM HASSAN SHAMSHAD ZOHA RIZVI @ RAJASAHAB the accused is entitled to bail. - 3 - 668 3. Earlier bail application was rejected on merit. The accused was earlier convicted and has undergone full sentence of seven years. On considering his criminal record, bail was denied. On this background, I am of the opinion that ratio in the above case is not to be made applicable to the accused in the present case. Hence, bail application is rejected. MRS MRIDULA BHATKAR,J - 4 - 668 - 5 - 668 - 6 - 668 - 7 - 668