1 appa818-09 agk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.818 OF 2009 IN CRIMINAL APPEAL NO.1263 OF 2006 Vasant Ramchandra Gaikwad ..Applicant. Versus The State of Maharashtra ..Respondent. Mr.P.P. Runwal for the applicant. Mr.D.P. Adsule, APP for the State. CORAM : A.M. Khanwilkar, & U.D. Salvi, JJ. DATE : 7th September 2010. P.C. : 1. It is not in dispute that earlier bail application filed by the applicant has been rejected on merits vide order dated 4th April 2008 in Criminal Application No.725 of 2007. In that case, it is not possible to reexamine the same or additional contentions on merits of the case. The only submission that needs to be addressed in this order is that on account of passage of time, the appellant has already undergone five years of actual imprisonment. However, in our opinion that cannot be a reason to release the applicant on bail. As the applicant has been sentenced to suffer 2 appa818-09 imprisonment for life for the offence punishable under Section 302 besides other offences under the provisions of the Arms Act. 2. The argument of the applicant that atleast the appeal be expedited, considering the fact that it was already on board some time back also does not commend to us. That is because the present assignment gives precedence to the matters of convicts in jail. The appeal, if ready in all respects, will be included in the said category of ‘convicts in jail’ as per its turn. Office to take necessary steps for listing the appeal as per its turn under caption ‘convicts in jail’, if ready in all respects. 3. For the aforesaid reasons, the application is disposed of. (U.D. Salvi, J.) (A.M. Khanwilkar, J.)