: 1 : APPA-646-11 Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.646 OF 2011 IN CRIMINAL APPEAL NO.487 OF 2010 Radheshyam Bhagwandas Shah ... Applicant V/s. The State of Gujarat ... Respondent Mr. Hitesh P. Shah for the Applicant. Smt. V.R. Bhosale, APP, for the Respondent-State. Mr. Chetan Damle, i/b. Mr. D.N. Salvi, for C.B.I. CORAM:V.M. KANADE & A.M. THIPSAY, JJ. DATED :22 ND SEPTEMBER, 2011. P.C. : 1. Heard. 2. The Applicant has been convicted for the offences punishable under Sections 302 and 376(2)(g) of the Indian Penal Code read with the other provisions of the Indian Penal Code. This application is filed by the Applicant for temporary bail. 3. It is submitted that his mother has been advised to replace her knee and she has to be operated and, therefore, it is submitted that he may be : 2 : APPA-646-11 released on temporary bail for a period of three months. 4. On the last occasion, we had asked the Investigating Officer to submit a report. The learned APP appearing for the Respondent-State has submitted the report. It is stated that there are about six people living in his family in the house, which has been constructed by the father of the Applicant. It does appear that, apart from the Applicant, his brother is also residing in the said building along with his wife. 5. Under these circumstances, therefore, we feel that no case is made out for grant of temporary bail. Moreover, the Applicant was released on furlough leave in December, 2010 and is due to be released on furlough leave in December, 2011. The Applicant may also apply for parole since he is in Jail since 2004. If the application for parole is filed, the same may be decided, expeditiously, within a period of three months. 6. Hence, application for temporary bail is rejected. 7. Liberty, however, is granted to apply again if furlough leave or parole is not granted to the Applicant by December, 2011. 8. In the meantime, hearing of the Criminal Appeal is expedited. (A.M. THIPSAY, J.) (V.M. KANADE, J.)