Ashokkumar Manikchand Sharma v. The State Of Maharashtra

P.H.Jayani 09 BA 1466.17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1466 OF 2017 Ashokkumar Manikchand Sharma ....Applicant

Versus

The State of Maharashtra ....Respondent Mr. Aniket Nikam with Piyush Toshnival i/b. Aashish Satpute for the applicant.

Mr. H.J. Dedhia, APP for the Respondent/State. Mr. Vishal Mule, PSI, Bhadrakali Police Station present in Court. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATE : 06th NOVEMBER, 2017 P.C. :

1.

This is the fourth application filed by the aforesaid applicant who is accused no.1 in Sessions Case No. 142 of 2015 pending on the file of Sessions Court, Nashik. The applicant herein is prosecuted for offences under Sections 363, 364, 120-B, 302, 201 of the Indian Penal Code. The first Bail Application being numbered as 1416 of 2015 was dismissed on merits by order dated 27th November, 2015. The second Bail Application bearing No. 835 of 2016 and third Bail Application bearing No. 1949 of 2016 were dismissed as withdrawn. 2.

Mr. Aniket Nikam, learned counsel for the applicant submits that the applicant has filed present application since there is no progress in the case. Mr. H.J. Dedhia, learned APP has brought to my notice that

P.H.Jayani 09 BA 1466.17.doc the charge has been framed on 05th October, 2017 and summons to the witnesses have already been issued.

3.

In the light of the statement made by learned APP, there is no merit in the contention of Mr. Aniket Nikam, learned counsel for the applicant that there is no progress in the matter. Even otherwise, there being no change in circumstance, the application is not maintainable and is hereby dismissed.

(SMT. ANUJA PRABHUDESSAI, J.)