Sonal @ Lalya S/O Rohidas Bhadange v. The State Of Maharashtra And ANR
Mhi 1 BA-2112-16.sxw
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2112 OF 2016 Sonali @ Lalya Rohidas Bhadange ...
Applicant Vs.
The State of Maharashtra & Anr. ...
Respondents Mr. Ashok Bhagure,Advocate for the applicant. Mr.S.H.Yadav,APP, for the State.
Mr. V.J.Pawar, PSI Ambad Police Station, Nashik.
CORAM:
SMT.SADHANA S.JADHAV, J.
DATE : 20th December, 2016.
P.C.
Heard. The learned APP, at the outset, submits that this is a subsequent Bail Application. The first application filed by the present applicant was registered as Criminal Bail Application No.1451 of 2014. the said application was argued before this Court (Coram: Smt. Sadhana S.Jadhav, J.) on 30.1.2015 and the learned counsel for the applicant had sought liberty to withdraw the application and liberty was granted in the interest of justice.
2.
The case is registered as Specials Case No. 01/2013. The trial is in progress and 3 witnesses have been examined. The report of the Addl.
Mhi 2 BA-2112-16.sxw Police Commissioner, Division-3 indicates that the next date is 26th, 27th and 28th December, 2016 and six witnesses would be examined on each date.
3.
It is pertinent to note that there is no averment in the present application that this is a subsequent bail application. Upon query made by this Court, the learned counsel appearing for the applicant submits that the applicant is drafted by his junior. The said submission cannot be countenanced in any manner. This is not a plausible explanation. It amounts to suppression of facts and the casual attitude of the learned counsel for the applicant in filing and arguing the application is writ large on the fact of the record. The applicant herein is being prosecuted under the provisions of MCOCA and the trial is in progress. In view of this, this Court is not inclined to consider the application seeking enlargement on bail. Similarly, the charge sheet is not filed on record. 4.
Hence, the application being sans merits, stands rejected. (SMT. SADHANA S.JADHAV, J.)