1 appa10711 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 107 OF 2011 IN CRIMINAL APPEAL NO. 1262 OF 2004 Kalu @ Shrawansingh Manoharsingh Shekhawat ...Applicant V/s. The State of Maharashtra ...Respondent Mr. Daulat G. Khamkar for the Applicant Ms. M.H. Mhatre, A.P.P., for the State CORAM: A.M. KHANWILKAR AND S.J. KATHAWALLA, JJ. DATE: 14TH FEBRUARY, 2011 P.C.:- This is second bail application. The earlier bail application was rejected on 4th March, 2005 on merits. 2. The only changed circumstance, which is pressed into service by the applicant, is that, as of now, the applicant has undergone actual sentence period of eight years. Considering the nature of evidence, and the finding of the Court below, it is not in dispute that the 2 appa10711 applicant would be covered by Category 2(a), as a result of which, can be released prematurely only on completion of 22 years of sentence, including remission. The fact that the applicant has already undergone around eight years of actual sentence period, even if accepted as it is, in our opinion, is not sufficient to consider grant of bail to the applicant on that count. 3. We, however, dispose of this application, with liberty to the applicant to renew the prayer after end of December, 2011, if the appeal does not mature for hearing by that time. Ordered accordingly. S.J. KATHAWALLA, J. A.M. KHANWILKAR, J.