appln-3233-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION No. 3233 of 2010 Sameer Karimoddin Shaikh .. Applicant. versus The State of Maharashtra .. Respondent. Mr Agandsurve , for the Applicant. Mrs A. S. Pai, A.P.P.,for the State. CORAM:- A.R. JOSHI, J. DATE :- 3RD AUGUST, 2010. P.C.:- 1. Heard rival submissions for some time on this application for regular bail preferred by the applicant. In this matter the charges alleged against the applicant and other co-accused total seven in number as to their involvement in the offence punishable under Sections 363, 364, 376, 452 of I.P.C.and other allied offences. The offence under Sections 364 and 376 of I.P.C. are of more serious nature. During pendency of the matter, earlier, present applicant was granted bail by this Court vide order dated 20-8-2008 (Coram : Smt. Tahilramani,J). However, directions were given for earlier disposal of the Sessions Case. On few dates, applicant remained absent. Even, there was no progress since November, 2008 appln-3233-10 i.e.after the examination-in-chief of P.W.1 was recorded. Such lack of progress was on account of absence of either present applicant or other co-accused, thus, rendering the Sessions Court handicapped and consequently, it cannot proceed with the matter. Subsequently, on issuance of non-bailable warrant applicant came to be arrested on 25.3.2010 and since then he is in custody as his application for cancellation of N.B.W. was rejected on 25.3.2010 and his application for bail was rejected on 19.4.2010. 2. On asking to the learned Advocate for the applicant, it is revealed that after the applicant was again taken in custody there was progress in the matter and according to the learned Advocate for the applicant virtually recording of the evidence of all the witnesses was already over and matter is at fag end. In this view of the matter, there is nothing to release the applicant on bail when the matter has reached the fag end and when the offences are of serious nature and when there is flouting of the conditions of bail earlier granted. In the result, the following order:- ORDER: (a) Bail application is rejected. (b) Any observations made in this order shall not be construed as any finding or any expression of opinion on the merits of the case at the time of trial. (A.R.JOSHI,J)