Deepak @ Anna Sitaram Kate v. The State Of Maharashtra

ssm 1 17-appa1323.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1323 OF 2018 IN CRIMINAL APPEAL NO. 560 OF 2012 Deepak @ Anna Sitaram Kate .....Applicant Vs.

The State of Maharashtra ....Respondent.

WITH CRIMINAL APPEAL NO. 640 OF 2013 The State of Maharashtra ....Appellant Vs.

Sitaram Sampat Kate & Anr.

....Respondents.

Mr. C.K. Pendse a/w Mr. A.M. Gosavi I/by GMS Legal for the Applicant.

Mr. J.P. Yagnik, APP for the Respondent­State. CORAM : A. S. OKA, AND A. S. GADKARI, JJ.

DATE : 11th FEBRUARY, 2019.

P.C.:­ Earlier Application for bail made by the Applicant has been rejected by an Order dated 5th May, 2015 for the reasons recorded therein. As both the Hon'ble Judges forming a part of the Division Bench which rejected the earlier Application have retired, this Bench being the regular Bench, will have to hear the Application. 1/2

ssm 2 17-appa1323.18.doc We find that no case for change in circumstances is made out.

However, the Applicant has undergone sentence for 8 years and 5 months. We, therefore, direct that the Appeal shall be listed at appropriate serial number in the week commencing from 25th February, 2019 considering the fact that the Applicant has undergone sentence for 8 years and 5 months.

Accordingly, with the above directions, we dispose of the Application. We make it clear that the prayer for grant of bail stands rejected.

(A.S. GADKARI, J.) (A.S. OKA, J.) 2/2