Harmeet Kaur v. The State Of Maharashtra And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2207 OF 2021 Gurprit Singh Jatindar Singh Bedi .... Applicant

Versus

The State of Maharashtra .... Respondent WITH INTERIM APPLICATION NO. 2255 OF 2021 Harmeet Kaur .... Intervenor.

In the matter between Gurprit Singh Jatindar Singh Bedi .... Applicant

Versus

The State of Maharashtra .... Respondent ______ Mr. Abhishek Yende i/b. Padma Shelatkar for Applicant. Ms. Harmeet Kaur, Intervenor (in person) present. Smt. Veera Shinde, APP for State/Respondent.

______ CORAM : SARANG V. KOTWAL, J.

DATE : 28th SEPTEMBER, 2021 P.C. :

1.

The Applicant had earlier approached this court by way of A.B.A.No.1713 of 2021. In that application, after the arguments were heard for some time, following order was passed Digitally signed by VINOD BHASKAR GOKHALE Date:

2021.09.30 16:23:45 +0530 on 26/07/2021.

VINOD BHASKAR GOKHALE Gokhale

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"1.

After arguing for some time, when I expressed my disinclination to grant relief in this application, learned counsel for the applicant prays for unconditional withdrawal of this application. 2.

Permission is granted. The application is allowed to be withdrawn unconditionally and is disposed of as such."

2.

The applicant thereafter has not surrendered. Instead, this fresh application is filed for the same relief. Learned counsel appearing for the applicant pleaded two changes in circumstances. First one is that, in the meantime, accused No.2 was arrested and was granted regular bail and second change in circumstance is that, during investigation, after 26/07/2021 the applicant' s house was searched.

3.

I do not see how these two circumstances can be termed as change in circumstances in favour of the applicant to enable him to approach this court again. On the previous occasion, learned counsel for the applicant had prayed for "unconditional" withdrawal of application. There has to be some sanctity attached to the responsible statement made before this court by the counsel for the parties and due respect should be shown to the orders passed by this court on such submissions.

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4.

In this view of the matter, no case for entertaining this application is made out. I am not inclined to entertain this application.

5.

The application is disposed of.

6.

With disposal of this application, the intervention application does not survive and it is also disposed of. (SARANG V. KOTWAL, J.)