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Bombay High CourtBA/442/2023withdrawn

Dhanraj Eknath Survase v. The State Of Maharashtra

2023-03-29Hon'Ble Shri Justice S. G. Mehare2 pages

923-ba-442-2023.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.442 OF 2023 DHANRAJ EKNATH SURVASE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Tandale Manoharrao A. APP for Respondent/State : Mr. S.B. Narwade ...

CORAM : S.G. MEHARE, J.

DATED : MARCH 29, 2023 PER COURT:- 1.

Heard learned counsel for the applicant.

2.

His earlier bail application was dismissed on merit on 04.01.2023. That time, the lawyer was different. Now the applicant has engaged the present lawyer. He is insisting the Court to hear the matter on merit.

3.

He would argue that the applicant can file repeated bail applications. The Court asked him about the law as regards filing of subsequent bail application after rejection of earlier bail application on merit. He did not comment, but again insisted for hearing on merit. He is arguing that there is absolutely no evidence against the applicant. Injustice has been caused.

4.

The Court brought to his notice that there shall be change in circumstances to claim the bail after rejection of earlier bail

923-ba-442-2023.odt (2) application. But he is not ready to listen. He is a senior lawyer by age. It is not expected from him to argue in such a way. That apart, he did not point out any change in circumstances to consider his bail application.

5.

After observing the above, learned counsel for the applicant seeks leave to withdraw the application. Leave granted bearing in mind the law as discussed above.

6.

The application stands dismissed as withdrawn. (S.G. MEHARE, J.) Mujaheed//