Abdulmobin Wahidkhan Pathan v. The State Of Maharashtra

3.BA1567_2016 vidya

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1567 OF 2016 Abdulmobin Wahidkhan Pathan ...

Applicant vs.

The State of Maharashtra ...

Respondent Mr. Siddharth A. Mehta, Advocate for the applicant. Ms. Rutuja Amberkar, APP for the State.

CORAM: MRS. MRIDULA BHATKAR, J.

(In Chamber) DATE : 3rd October, 2016.

P.C.

This is the second Bail Application, as first Bail Application No. 1321 of 2015 was rejected by this Court by order dated 29th July, 2015. The charge-sheet of this case was filed on 16th February, 2015. 2.

The learned counsel for the applicant/accused has submitted that when the High Court rejected the Bail Application, at that time, Chemical Analyser report was not filed along with charge sheet and now it is made available and it is inconclusive, so it is a ground for second Bail Application.

3.BA1567_2016 3.

On query, the learned counsel for the applicant informs that after rejection of the Bail Application by the High Court on 29th July, 2015, the applicant preferred second Bail Application before the learned Sessions Judge, Sangli, who had rejected his second Bail Application on 8th June, 2016.

4.

Perused paragraph 15 of the said order and it appears that the applicant/accused did not disclose clearly the fact that this Court has rejected the Application after filing of the charge-sheet and the order of this Court was also not made available for the perusal of the learned Sessions Judge. Thus, as charge sheet was filed prior to rejection of the first Bail application, availability of CA report is not a good ground to entertain this second Bail Application. Hence, the Bail Application is rejected. (MRIDULA BHATKAR, J.)