- (1.) Heard the learned Counsel for the applicant/appellant and the learned Additional Public Prosecutor for the State/ respondents.
(2.) Criminal Application No. 1108 of 2010 is moved by the applicant for grant of bail. The learned Counsel for the applicant has submitted that the earlier application for grant of bail filed by the applicant was rejected by this Court vide Order dated 5th June 2008, which reads thus: "Counsel contends that the applicant has been convicted solely based on making out ingredients of section 34 of the Indian Penal Code. 2. We have considered the judgment of the learned trial Court. P.W. 1 has deposed that the accused was at the site of the offence with the knife and was shouting along with the other accused to kill the deceased. The C.A. Report shows that the knife which was attached from the applicant was stained with human blood so also human blood was found on his belt. Considering the above, in our opinion no case made out to grant bail. Hence application for bail rejected."
(3.) The learned Counsel for the applicant has submitted that even though the earlier application for grant of bail has been rejected by this Court on merits, still in view of the decision of the Apex Court in the case of Kashmira Singh Vs. The State of Punjab, 1977 4 SCC 291, as well as the Order dated 17th September, 2010 passed by this Court in Criminal Application No. 1069 of 2010 in Criminal Appeal No. 75 of 2006 (Prakash Perumal Shetty Vs. The State of Maharashtra)2, the applicant may be released on bail. The learned Counsel for the applicant has submitted that in the present case also the applicant was convicted for the offence punishable under section 302 of the Indian Penal Code and sentenced to suffer R.I. for life. It is submitted that the applicant is in jail since 22nd October 2000 and therefore in view of the above referred decisions, the applicant may be released on bail.;