Shoyeb S/O. Afroz Mainoddin Kazi v. The State Of Maharashtra

924-BA-286-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.286 OF 2023 SHOYEB S/O. AFROZ MAINODDIN KAZI

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Kiran T. Jamdar APP for Respondent : Mr. S. P. Deshmukh ...

CORAM :

S. G. MEHARE, J.

DATE :

01-03-2023 PER COURT :- 1.

Heard the learned counsel for the applicant and the learned A.P.P. for the respondent/State.

2.

This is third bail application of the applicant seeking bail. As per the arguments of the learned counsel for the applicant, one of the co-accused has been granted anticipatory bail and the witnesses have been examined, are the change in circumstances. The rule of evidence is that the evidence has to be read as a whole. A few witnesses turned hostile is not sufficient to hold that the accused is not guilty. Granting anticipatory bail to another coaccused is also not a change in circumstances for the present applicant. There are no change in circumstances. Hence, the application stands dismissed.

( S. G. MEHARE ) JUDGE rrd