crn.935.09-141009 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.935 OF 2009 IN CRIMINAL APPEAL NO.716 OF 2008 Shyam Bhaskar Badme. ..Applicant. [Orig.Accused] Versus The State of Maharashtra and another. ..Respondents. .......................... Ms.Anjali Patil, Advocate for the Applicant. Mr.S.A. Shaikh, A.P.P., for the Respondent - State. .......................... CORAM : A.R. JOSHI, J. DATE : 14TH OCTOBER, 2009. [IN CHAMBER, 2:35 P.M.] P.C. :- 1. Heard rival submissions for some time. It is the successive third bail application of the applicant/accused, during pendency of the Appeal. He was convicted for the offences punishable under Section 376 and 354 of Indian Penal Code. The said conviction was awarded on 12th June, 2008. The applicant/accused was arrested on 22nd October, 2006 and since then, during the trial crn.935.09-141009 2 and also after the conviction during pendency of the Appeal he is in jail. Earlier two bail applications were rejected by this Court vide separate detailed orders dated 26th September, 2008 and 27th April, 2009. There are no changed circumstances to view the matter differently for grant of bail during pendency of the Appeal. The submission advanced on behalf of the accused that he had completed about three years of imprisonment out of total awarded seven years, cannot be a ground to release him on bail. However, considering such circumstance, the Appeal which is already admitted and R & P is already received, can be taken up expeditiously. In view of this, following order is passed:- :: O R D E R :: [i] Criminal Application No.935 of 2009 stands rejected. [ii] Office to fix Criminal Appeal No.716 of 2008 for early hearing. [A.R.JOSHI,J.]