1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3755 OF 2009 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. Mr. Uday P Warunjikar, for the applicant. Mr.Y.M.Nakhawa, APP, for the respondent-State. CORAM : D.B.BHOSALE, J. DATE : 01/09/2009 PC: Heard Mr Warunjikar, learned counsel for the applicant and Mr Nakhawa, learned APP for the respondent. This is the second application for bail. The earlier application was rejected vide order dated 28.4.2009 on merits. Mr Warunjikar, learned counsel for the applicant, submits that after rejection of the earlier application, the prosecution has examined 7-8 witnesses during the trial and none of those witnesses have T 2 identified the applicant as assailant. The trial is in progress and still about 20-25 witnesses are yet to be examined. That apart, in any case, the evidence recorded during the trial, in my opinion, cannot be looked into for considering the prayer for bail pending trial. The earlier application was considered on merits and it was rejected for the reasons recorded in the order dated 28.4.2009. In the circumstances, this application is rejected. (D.B.BHOSALE, J.) 3