Harshad Purshottam Mehta v. The State Of Maharashtra

1.BA.326.17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.326 OF 2017 Harshad Purshottam Mehta ... Applicant V/s.

The State of Maharashtra ... Respondent ---- Mr. Mahesh Jethmalai, a/w. Mandar Goswani & Gunjan Mangle for the Applicant.

Smt. Veera Shinde, APP for the Respondent State. CORAM : A.S.GADKARI, J.

DATE : 15th JANUARY 2018 P.C.:

.

Learned APP on instructions submitted that the police have practically completed the further investigation as contemplated under Section 173(8) of the Cr.PC. and will file the supplementary charge-sheet within two months from today.

2.

In view of the said statement made by the learned APP, the learned Counsel for the applicant on instructions seeks leave to withdraw the present application with liberty to file a fresh application before the Trial Court.

3.

It is a settled position of law that filing of charge-sheet is a Aarti Palkar 1/2

1.BA.326.17.doc substantive change in circumstance, which permits an accused to file a fresh application for bail. In view of the said change in circumstance, the Trial Court, therefore, shall consider the fresh application filed by the applicant after filing of supplementary charge-sheet on its own merits. 4.

Leave and liberty granted.

5.

Application is disposed off in the aforesaid terms. (A.S.GADKARI, J.) Aarti Palkar 2/2