Yogesh Madhav Dabhade v. The State Of Maharashtra

26appa1308.doc ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1308 OF 2017 IN CRIMINAL APPEAL NO. 540 OF 2016 Yogesh Madhav Dabhade ...Applicant vs.

The State of Maharashtra

...Respondent

Ms Aditi M. Athawale i/b Yogita Deshmukh for the Applicant Mr.J.P.Yagnik, APP for State CORAM : RANJIT MORE & SURENDRA P.TAVADE, JJ.

Digitally signed by ShubhaS.

Pathak Date:

2020.02.15 11:47:40 +0530 ShubhaS.

Pathak DATE : FEBRUARY 13, 2020.

P. C. :

.

Heard the learned counsel for the applicant. This is the second bail application filed by the applicant. Earlier bail application filed by the applicant bearing No.1439 of 2016, after arguing for some time, was withdrawn and dismissed as such by order dated 7th March 2017. At the time withdrawing the earlier bail application, the applicant neither sought any liberty to file a fresh application for bail nor the same was granted. There is no change in circumstances since the rejection of the said application.

That apart, the trial Court relied upon the evidence of 5 s 1/2

26appa1308.doc witnesses viz. P.W.Nos. 1 to 5 and convicted them for the offences punishable under sections 302 and 498-A r/w 34 of the Indian Penal Code.

The learned counsel for the applicant submits that there is discrepancy in the deposition of eye witness. However, the same cannot be considered at this stage.

The application is devoid of any merits and the same is dismissed. However, hearing of the appeal is expedited. [SURENDRA P.TAVADE, J.] [RANJIT MORE, J.] s 2/2