1 appa1286.10 ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1286 OF 2010 IN CRIMINAL APPEAL NO.505 OF 2006 Shri Pandurang Vithala Karande & Anr. ....Applicants. Vs. The State of Maharashtra. ....Respondent. Mr. P.B.Naiknaware, advocate for applicant. Mr. D.P.Adsule, APP for State. CORAM:- A.M.KHANWILKAR AND P.D.KODE, JJ. DATED:- OCTOBER 26, 2010. P.C. 1. At the outset, Counsel for the applicants stated that he would press this application only for applicant No.2 and not for applicant No.1. 2. This is second bail application on merits. Considering the detailed reasons recorded on the earlier occasion by our predecessors, we do not think it appropriate to review the said opinion. Rather it is not possible for this Court to reappreciate the argument, which was available to the Petitioners at the time of first bail application decided on merits. The only argument that can be considered in the present application is about changed circumstances. 2 appa1286.10 3. Counsel for the applicant therefore, submits that earlier application has been rejected on 16th January, 2007 and both the applicants are in jail since June, 2004. They have undergone substantial period of sentence and there is no likelihood of appeal being taken up for hearing in the near future. 4. Indeed, the applicants are in jail since April, 2004. However, that is not enough in the context of the offence for which they have been convicted and sentenced to suffer R.I. for life. If the applicants were to complete actual sentence period of atleast over 7 years, we would have considered the plea of the applicants for releasing on bail. The appeal preferred by the applicants pertains to year 2006. Presently, appeal of year 2002 are already on final hearing board. The final hearing board includes part of the appeals of the year 2004. If the appeal preferred by the applicants does not reach up to June, 2011, the applicants would be free to renew the prayer for bail, which will be considered on its own merits. Application disposed of accordingly. (P.D.KODE, J.) (A.M.KHANWILKAR, J.)