mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3634 OF 2007 Abdulla Khan Mohammed Tauhid Khan .. Applicant versus State of Maharashtra .. Respondent ... Mr.Amrish Salunke i/b Khan Abdul Wahab for applicant. Mr.Rajesh More APP for the State. CORAM : D.G.KARNIK, J DATED : 24th January 2008 P.C.: 1. Heard learned counsel for the applicant and learned APP for the State. 2. The applicant seeks bail in respect of an offence registered under C.R. No.534 of 2006 with Powai police station for offence punishable u/s.302 r/w sec.34 of the IPC. 3. The charge-sheet against the applicant has already been filed and the hearing of the case (Sessions Case no.273 of 2007) has already commenced. Learned APP submits that three witnesses have already been examined and remaining witnesses would soon be examined. Since the hearing has already commenced and is part-heard, in my view, it is not proper to consider the application for bail especially when the earlier application for bail filed by the applicant before the Sessions Court has been rejected by it by a speaking order dated 24th August 2007. 4. I have perused the order of the Sessions Judge dated 24th August 2007 rejecting bail and I see no reason to take a different view in the matter. In the circumstances, application is rejected. 5. The applicant would however be at liberty to apply afresh in the event the trial is not over within a period of three months. (D.G. KARNIK, J)