Akash Ganesh Gaikwad v. State Of Maharashtra

1/1 21 BA-2735-23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2735 OF 2023 Akash Ganesh Gaikwad .. Applicant

Versus

State of Maharashtra .. Respondent ...

Mr.Samay Pawar, for the applicant.

Mr.S.R. Agarkar, APP for the State.

CORAM: BHARATI DANGRE, J.

DATED : 27th SEPTEMBER, 2023 P.C:- The first bail application was rejected on 21/09/2021, by clearly recording that the statements of the injured are compiled in the charge-sheet and they had specifically narrated about the incident of assault and corroborated each other on material aspect and particularly the role attributed to the applicants. The injury certificate clearly record that the grievous injury would have proved fatal. The order therefore, specifically record that the injury certificate highlight intention and knowledge, that by the act of assault, death could have been caused. The application was therefore rejected.

Merely on the ground that the time has lapsed and the trial has not progressed, do not warrant any interference in the reasoned order, rejecting the application.

Hence since there is no change in circumstance and even the application preferred for second time, it is rejected. ( SMT. BHARATI DANGRE, J.) Ashish