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Bombay High CourtBA/1826/2017bail rejected

Chandrakant Nagshetty Biradar v. The State Of Maharashtra

2018-04-16Hon'Ble Justice Revati Mohite Dere2 pages

1/2 8-ba.1826.2017.doc nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1826 OF 2017 Chandrakant Nagshetty Biradar ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr.A.P.Mundargi, Senior Counsel, i/b Mr.Satyavrat Joshi, for the Applicant.

Ms.Rutuja Ambekar, A.P.P for the Respondent-State. CORAM : REVATI MOHITE DERE, J.

DATE : 16th APRIL, 2018 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 seeking his enlargement on bail, was rejected on merits, by a detailed order dated 27th April, 2016, passed by this Court (Coram:Revati Mohite Dere, J.) in Bail Application No.1711 of 2015.

2/2 8-ba.1826.2017.doc 3.

Learned Senior Counsel for the applicant submitted that pursuant to the order dated 27th April, 2016, the only change of circumstance, is that the statement of one of the witness in the said case, i.e. Nilesh Shantaram Aaher was recorded by the Juvenile Court. (The said statement is on page 264 of the application). The statement of Nilesh Shantaram Aaher, recorded before the Juvenile Court, cannot be considered in this application.

4.

Considering the aforesaid, there is no change of circumstance, warranting interference in the earlier order dated 27th April, 2016. 5.

Hence, the application for bail is rejected and disposed of as such.

(REVATI MOHITE DERE, J.)