1 APPA 754.11.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION CRIMINAL APPLICATION NO. 754 OF 2011 IN CRIMINAL APPEAL NO. 966 OF 2008 Mr. Sanjay Maruti Samage. ... Applicant. V/s. The State of Maharashtra. ... Respondent. Mr. Subhash Jha i/b. Subhash Hulyalkar for the Applicant Mr. P.S. Hingorani, APP for the State CORAM : NARESH H. PATIL & K.U. CHANDIWAL, JJ. DATED : 14th JULY 2011. P.C. :- Heard. 2. The Applicant has prayed for releasing him on bail during the pendency of Appeal. 3. The learned Counsel for the Applicant submits that the date of incident is 1st April 2002. The Applicant is arrested on 14th April 2002. For more than 8 years the Applicant is behind bars. Considering the prosecution case, the charge levelled against the Applicant in respect of formation of unlawful assembly with a common object to kill, the application be considered. 2 APPA 754.11.sxw 4. According to prosecution case and evidence brought on record, Accused No.1 had assaulted the deceased. The role attributed to the Applicant Sanjay Maruti Samage is to the effect that he had helped the other accused in throwing the body of deceased Ravindra in a valley. 5. The learned Counsel submits that in case the Appeal filed by the Applicant is not heard finally within a reasonable time frame, valuable rights of the Applicant in respect of hearing would be violated. 6. The learned Counsel therefore prays considering the merits of the case and the other relevant circumstances to release the Applicant on Bail. 7. The learned APP resisted the prayer for Bail on the ground that there is a strong evidence brought against the accused. There is a motive behind crime. The Trial Court has recorded the findings of guilt against the Applicant. 8. We have considered the submissions advanced. The Applicant alongwith other co-Appellants had filed two Bail Applications with a prayer to release him on Bail bearing Criminal Application Nos.157 of 2008 and 656 of 2009. Both these Applications were came to be withdrawn by the Applicant. Criminal Application No. 656 of 2009 was dismissed as withdrawn. 3 APPA 754.11.sxw 9. We have independently considered the submissions of Mr. Subhash Jha, the learned Counsel appearing for the Applicant. 10. We are not convinced on merits to re-consider the prayer of the Applicant for Bail. The Appeal of the Applicant has already been admitted. 11. The learned Counsel submitted that in the light of the observations made in para 5 of the Judgment of Apex Court reported in (2001) 4 SCC page 355, the Appeal be listed for final hearing. 13. The Appeal was filed in the year 2008. This Court is hearing Appeals of Accused who are in Jail since the year 2004. 14. There is no merit in the Application. The Application is rejected. (K.U. CHANDIWAL,J.) (NARESH H. PATIL,J.)