hvn IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1147 OF 2010 IN CRIMINAL APPEAL NO. 1170 OF 2008 Shri. Vithal Shankar Dombe ... Applicant Versus The State of Maharashtra ... Respondents Mr. Dilip Bodake for the Applicant. Ms. S.V. Gajare, A.P.P. for State. CORAM : A.M. KHANWILKAR & U.D. SALVI, JJ. DATED : SEPTEMBER 24, 2010 P.C. By this application, it is prayed that the hearing of the appeal be expedited. In support of this submission, reliance is placed on the order dated 2.9.2009. From the said order, it appears that the bail application was heard on merits and instead of rejection thereof or inviting any adverse finding, perhaps the counsel thought it appropriate to withdraw the same with a liberty to file early hearing application. Accordingly, present application has been filed. However, as per the present assignment, all appeals pertaining to convicts in jail have been treated as expedited category and have been given precedence in listing. The appeal preferred by the applicant pertains to the year 2008, whereas the oldest appeal of convicts in jail which is yet to be taken up for hearing pertains to the year 2002. We cannot allow the applicant to jump that queue. Accordingly, this application for early hearing will have to be rejected. We however, give liberty to the applicant to consider of filing bail application if so desired, which will be considered on its own merits in accordance with law. Application disposed of accordingly. (U.D. SALVI,J.) (A.M. KHANWILKAR,J.)