Santosh Rajaram Wankhede v. The State Of Maharashtra

1 APPA 621 of 2018 in Chamber Vat

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 621 OF 2018 IN CRIMINAL APPEAL No. 1041 OF 2015 Santosh Rajaram Wankhede ...Applicant Vs.

State of Maharashtra and Ors.

...Respondents

----- Mr. Pravartak Pathak for Applicant Mr. Prashant Jadhav -APP for the State ----- CORAM :

SMT.SADHANA S. JADHAV & SMT. ANUJA PRABHUDESAI, JJ.

DATE : FEBRUARY 26, 2019 (In Chamber) P.C.:

1.

This is a subsequent application seeking enlargement on bail during the pendency of the appeal.

2.

The learned counsel for the Applicant submits that the Applicant herein is seeking bail on sympathetic ground in view of the fact that there is nobody to look after his minor children after the demise of his brother and father.

3.

The Learned APP submits that the brother of the Applicant had expired prior to 22nd March, 2016 i.e. before the first application under Section 389 of Cr.P.C. was rejected. The applicant is praying for bail in the interest of his children.

1 APPA 621 of 2018 in Chamber 4.

This cannot be treated as change of circumstance. The application under Section 389 of Cr.P.C. was rejected on merits and in the order dated 22nd March, 2016, it is observed that the hearing of the appeal is expedited. Liberty to move the application for expeditious hearing. Hence, the Application being sans-merits stands rejected [SMT. ANUJA PRABHUDESAI, J] [SMT.SADHANA S. JADHAV, J.] V.A. Tikam