Anirudha @ Mahesh Ashok Kamble v. The State Of Maharashtra

1-ba-1763-2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1763 OF 2015 Anirudha @ Mahesh Ashok Kamble ..Applicant V/s.

The State of Maharashtra .. Respondents ---- Mr.Nitin C. Kamble for the applicant.

Mrs.Anamika Malhotra APP for the Respondent-State. ---- CORAM : A. R. JOSHI, J.

DATE : 16th DECEMBER, 2015.

P.C.

1.

Heard learned counsel for the applicant on this application for bail during pendency of the Sessions Case. This is the fourth bail application. The first bail application no.61 of 2014 was rejected vide order dated 06th May 2014. In that order it was elaborately discussed as to the involvement of the present applicant in a murder and the conspiracy. Even that time the request for grant of bail on parity was also discussed and rejected. Second bail application no.1686/2014 was preferred before the another bench but it was withdrawn. The third bail application no.305 of 2015 was heard and dismissed on 17th April 2015 by detailed order. Now this is the fourth bail N.S. Kamble page 1 of 2

1-ba-1763-2015 application.

2.

Learned counsel for the applicant stated that the trial Court had not yet framed the charges against all the accused who are apparently more than 13 in numbers. He stated that the trial will take long time. The offence alleged against the present applicant is that of rioting and 302 and also 120B of Indian Penal Code. The applicant is in custody since April 2013. Apparently there are no changed circumstances so as to view the matter differently, considering prima-facie involvement in the offence of murder. Needless to mention that the Sessions Court which is seized of the matter can take appropriate steps to seek presence of all the accused persons before the Court and then frame appropriate charges and deal with the Sessions case as expeditiously as possible. However, this is not a ground for releasing the present applicant on bail and when the offence is serious and prima- facie show the involvement of the present applicant. Hence present application is dismissed and disposed of.

(A. R. JOSHI, J) N.S. Kamble page 2 of 2