1 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Criminal Application No.371 of 2010 In Criminal Appeal No.1324 of 2004 Farooque Mohammad Yusuf Shaikh Applicant Vs. State of Maharashtra Respondent Mr.G.W.Pathak for applicant. Mr.J.P.Yagnik, APP for State. CORAM: B. H. MARLAPALLE & MRS.MRIDULA BHATKAR, JJ. April 29, 2010. P.C. 1. Heard the learned counsel for the applicant – accused no.12 who prays for being released on bail during the pendency of Criminal Appeal 2 No.1324 of 2004. 2. Criminal Application No.6249 of 2005 was filed by the present applicant for being released on bail and it came to be rejected on 26/9/2005. He had again filed Criminal Application No.521 of 2009 for being released on bail and it was rejected on 14/7/2009. Thus the applicant has approached us for the third time for being released on bail. 3. It has been submitted by the learned counsel for the applicant that the applicant has been in custody right from 31/7/1997 and he has almost undergone about 13 years of sentence. It was also submitted that one of the co-accused has been released on bail by this Court way back on 12/10/2004. It is also submitted that there is a change of circumstances and, therefore, this application in the third round has been brought before us. One of the co-accused by name Ashfaqu Sayed Ahmed who had turned an approver was declared as a hostile witness and, therefore, fresh trial was conducted against him in Sessions Case No.1059/02, 22/C-2002 and as per the judgment and order dated 11/2/2009 the learned Ad-hoc Additional Sessions Judge, Seweree has acquitted the said accused. It was also pointed out that in the said order of acquittal there is a clear finding 3 recorded by the trial Court that the conspiracy hatched on 29/6/1997 was not proved. 4. We have noticed that the first bail application i.e. Criminal Application No.6249 of 2005 was rejected by this Court considering, prima facie, the evidence of one of the witnesses by name Shri Shetty. He was examined as PW 32. The applicant’s second application i.e. Criminal Application No.521 of 2009 was taken up for hearing on 14/7/2009 when nobody was present for him. However, this Court noted that it was not satisfied regarding the applicant’s case being a fit case to release him on bail and, therefore, the appeal was directed to be listed for final hearing on 3rd August 2009. 5. Criminal Appeal No.1324 of 2004 is already listed in the present board for final hearing. The change of circumstances relied upon by the learned counsel for the applicant does not appeal us and we have considered the observations made by the learned trial Judge by sifting the evidence of the witnesses and more particularly that of PW 32. Though these are our prima facie observations, we are satisfied that no case has been made out to release the applicant on bail even in this third round of 4 his applications. Hence the application is rejected. The appeal to continue on the final hearing board. (MRS.MRIDULA BHATKAR, J.) (B. H. MARLAPALLE, J.)