1 appa801-10 agk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.801 OF 2010 IN CRIMINAL APPEAL NO.1123 OF 2006 Samir Balasaheb Awati ..Applicant. Versus The State of Maharashtra ..Respondent. Mr.D.V. Sutar for the applicant. Mr.J.P. Yagnik, APP for the State. CORAM : A.M. Khanwilkar, & U.D. Salvi, JJ. DATE : 8th September 2010. P.C. : 1. This application is for bail. It is not in dispute that the applicant had filed bail application in the past being Criminal Application No.478 of 2007, which has been dismissed on 2nd July 2007. In other words, it is not open for us to reconsider the arguments on merits. 2. The only grievance of the petitioner is that although the appeal is admitted in the year 2006, it is unlikely that the same will be heard immediately and for which reason the applicant be released on bail 2 appa801-10 considering the fact that he has already undergone five years of actual imprisonment. Even this submission does not commend to us. Inasmuch as, as per the present assignment all appeals pertaining to convicts in jail have been treated as expedited category and would get precedence over all other matters. Indeed it may take some time for the appeal filed by the applicant to reach for hearing. As of now, the appeals in the category of ‘convicts in jail’ pertaining to years 2002 and 2004 are already on board. The applicants request for release on bail can be considered only after he has undergone at least 50% of actual sentence period in jail and if the appeal cannot be taken up for hearing soon thereafter. 3. The application is accordingly disposed of with direction to the registry to list the appeal for final hearing under category ‘convicts in jail’ as per its turn. (U.D. Salvi, J.) (A.M. Khanwilkar, J.)