APPA.1530-10 - 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 1530 OF 2010 IN CRIMINAL APPEAL No. 530 OF 2010 Dineshkumar Ramacharya Yadav ...Applicant Vs. The State of Maharashtra ...Respondent *** Mr. D. G. Khamkar, for the Applicant. Mrs. M. M. Deshmukh, APP for the Respondent-State. *** CORAM: V. M. KANADE J. DATE : JANUARY 31, 2011 P.C. 1. Heard the learned counsel appearing on behalf of the applicant and the learned APP appearing on behalf of the respondent- State. This is a second application for bail by the applicant. The first bail application was rejected by this Court by an order dated 9th September, 2010 on merits. It is now submitted that applicant has completed 2 years and 2 months of the sentence, out of 4 years awarded sentence. It is further submitted that since the applicant has completed 50% of the total APPA.1530-10 - 2 - sentence of imprisonment, he may be released on bail, since the appeal is not likely to reach for final hearing in near future. 2. The affidavit is filed by the Senior Inspector, Khar Police Station in which it is stated that applicant, if released on bail, is likely to commit similar offence. It is further submitted that one of the associate of the applicant is absconding till today. It is submitted that there are two cases pending against the applicant. C. R. numbers of the said cases are mentioned in the affidavit. According to the applicant, however, the applicant is acquitted in both these cases. It is, therefore, submitted that the applicant deserves to be released on bail. 3. It is not possible to accept the contention of the applicant. Taking into consideration the seriousness and the gravity of the offence, in my view, if the applicant is released on bail, there is every possibility that he may threaten the prosecution witnesses, as rightly pointed out by the learned APP appearing on behalf of the State. In one of the case, wherein the applicant was acquitted, the witnesses have turned hostile and therefore, the Court has no option but to acquit the applicant, of the charges levelled against him. On merits, his first bail application is already rejected. Merely because the applicant has undergone 50% of the entire sentence, that would not alone be a ground for releasing the APPA.1530-10 - 3 - applicant on bail, as the other circumstances will also have to be taken into consideration by the Court. Hence, this second application for bail is rejected, and is accordingly disposed of. 4. Hearing of the criminal appeal is expedited. Liberty is granted to the applicant to apply for fixed date of hearing before the appropriate Court. [ V. M. KANADE J.]