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Bombay High CourtBA/300/2016others disposed off

Amit Anandraj Pille v. The State Of Maharashtra

2016-02-17Hon'Ble Smt. Justice Anuja Prabhudessai2 pages

911 ba 300-16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 300 OF 2016 Amit Anandraj Pille ..Applicant v/s.

The State of Maharashtra.

..Respondents Mr. Shailesh Chavan for the Applicant Mrs. G.P.Mulekar, APP for the Respondent-State. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED : FEBRUARY 17, 2016.

P.C.

1.

This is the second application for bail filed by the aforesaid applicant who has been arrested in Crime No.127 of 2014 registered with Khadki Police Station for offences punishable under Section 302 r/w. 34 of the Indian Penal Code.

2.

Heard Mr. Chavan, the learned counsel for the applicant and the learned APP for the State.

3.

I have perused the records and considered the submissions advanced by the learned Counsel for the respective parties. The pps

911 ba 300-16.doc records reveal that the applicant had filed bail application being Criminal Bail Application No. 276 of 2015, which was dismissed by this court vide order dated 10.8.2015, wherein it was held that the statement of the witnesses discloses that the applicant accused along with others had assaulted the deceased. It was further held that there is prima facie material to show the involvement of the applicant in committing the said crime. The learned counsel for the applicant has submitted that the application filed by the co-accused has been granted by the Sessions Court. Needless to state that the fact that the co-accused has been granted bail by the sessions court cannot be considered to be a change in circumstances to entertain the subsequent bail application, once the application is already dismissed on merits. Hence the bail application is dismissed. (ANUJA PRABHUDESSAI, J.) pps