1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.98 OF 2010 IN CRIMINAL APPEAL NO.247 OF 2006 Mukhtar Ismail Shaikh @ Makadiya .... Applicant V/s. The State of Maharashtra ..... Respondent Mr.V.C.Arya, for the applicant. Mr.Y.M.Nakhawa, APP, for the State. CORAM :P.B.MAJMUDAR, & R.G.KETKAR, JJ. DATE : 27th JANUARY, 2010 P.C. 1. Considering the fact that thrice the application for bail was rejected by this Court, we do not find any reason to release the applicant/accused on bail. Hence, prayer for releasing the applicant on bail is rejected. 2. Learned counsel for the applicant/original accused No.2 submitted that the trial of accused No.1, who was absconding at the relevant time, has been separately conducted and he is now acquitted. Learned counsel for the applicant further submitted that the case of the prosecution is based on Section 34 of IPC i.e. common intention. He submitted that the applicant had inflicted blow only on the shoulder, as 2 against this original accused No.1 who has inflicted blow on the stomach, has been acquitted. He further submitted that in view of subsequent development, the applicant can argue his case on merits, who has been sentenced to suffer life imprisonment. 3. We find substance for early hearing of the appeal. Considering the facts and circumstances of the case, we fix this appeal for final hearing on 09-02-2010. 4. Office objections, if any, shall be removed before the next date. Learned counsel for the applicant to supply private book so that the matter may not be delayed. In case R & P is not made available, the Registry shall call for R & P immediately. ( R.G.KETKAR, J. ) ( P.B.MAJMUDAR, J.)