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Bombay High CourtBA/3646/2019allowed to be withdrawn

Mahatma S/O. Daphel Jaiswal v. The State Of Maharashtra

2020-12-08Hon'Ble Shri Justice Sarang Vijaykumar Kotwal2 pages

1 / 2 34-BA-3646-19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.3646 OF 2019 Mahatma Daphel Jaiswal .... Applicant versus State of Maharashtra .... Respondent .......

• Mr.Prakash Rohira, Advocate for Applicant.

• Mr.Amit A. Palkar, APP for the State/Respondent. CORAM : SARANG V. KOTWAL, J.

DATE : 08th DECEMBER, 2020 P.C. :

1.

The Applicant had approached Court of Sessions for his release on bail after filing of the charge-sheet vide Bail Application No.2588/19. That application was rejected vide order dated 22/11/2019. After that he has approached this Court by way of present application. During pendency of this application, now the DNA report is received and the report is filed in the trial Court. The Applicant is given copy of the same. According to learned counsel for the Applicant, this is a subsequent change in circumstances because it will change the complexion of his argument. According to him, the said report is Digitally signed by Pradeepkumar P. Deshmane Date:

2020.12.09 15:29:53 +0530 Pradeepkumar P. Deshmane favourable to the Applicant'

s case.

Nesarikar

2 / 2 34-BA-3646-19.odt 2.

Considering this submission, I am of the opinion that the Applicant deserves another chance to approach the Court of Sessions for his release on bail in the changed circumstances of receiving DNA report, which is an important document. 3.

Learned counsel for the Applicant prays for withdrawal of this application with such liberty. I find his request to be reasonable. The application is allowed to be withdrawn with liberty to the Applicant to approach the Court of Sessions for his release on bail in changed circumstances of receiving DNA report. Learned Sessions Judge shall decide his bail application on its own merits in accordance with law. The learned Judge can consider the DNA report and he shall decide the application on its own merits. At this stage, I am not making any observations in respect of DNA report and other possibilities. 4.

The application is allowed to be withdrawn with aforesaid liberty.

(SARANG V. KOTWAL, J.)