Nitin @ Bapu Janardhan Shinde v. The State Of Maharashtra

1/3 nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1645 OF 2016 Nitin @ Bapu Janardhan Shinde ... Applicant

Versus

The State of Maharashtra

...Respondent

Mr.Ravi P. Jadhav, for the Applicant.

Ms.J.S.Lohakare, APP for the Respondent-State. CORAM : REVATI MOHITE DERE, J.

DATE : 13rd FEBRUARY, 2017 (IN CHAMBERS) P.C. :

1.

Heard learned counsel for the parties.

2.

This is the second bail application preferred by the applicant. The first bail application of the applicant was rejected on merits by this Court (Coram: Revati Mohite Dere, J.) vide order dated 25th March, 2015, in Criminal Bail Application No.483 of 2015.

3.

Learned Counsel for the applicant states that the change of circumstance is that out of the six C.Rs, which were registered against him,

2/3 the applicant has been acquitted in four C.Rs. It is also pertinent to note that the applicant had suppressed the first order dated 25th March, 2015, passed in Criminal Bail Application No.483 of 2015, by which his bail application was rejected. The said fact was not mentioned in the application nor was the order dated 25th March, 2015, annexed to the aforesaid application. Later, on the learned APP pointing out the same, learned counsel sought leave to amend to annex the order dated 25th March, 2015.

4.

Needless to state that merely because the applicant has been acquitted in four cases out of the six cases registered against him would not be a ground to enlarge the applicant on bail. A perusal of the order dated 25th March, 2015, shows that the application was rejected on merits. 5.

Learned APP informs that charge has already been framed as against the applicant and that the matter is posted for recording of evidence of witnesses.

3/3 6.

Considering the fact, that the trial has already commenced, the trial of the applicant is expedited.

7.

The Application is rejected and disposed of as such. REVATI MOHITE DERE, J.