Nikhat Shaikh Reheman And Another v. The State Of Maharashtra

1 1-ABA-570-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.570 OF 2023 NIKHAT SHAIKH REHEMAN AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicants : Mr. G.R. Syed APP for Respondent - State : Mr. P.N. Kutti ...

CORAM : NITIN B. SURYAWANSHI, J.

DATE : 19th JUNE, 2023 PER COURT :

1.

Heard.

2.

This is the second anticipatory bail application filed by the applicants. Earlier anticipatory bail application of applicants was heard on merit, and since this Court was not inclined to grant relief, the applicants sought permission to withdraw the same. By order dated 03rd March, 2023, the said application was dismissed as withdrawn.

3.

Learned advocate for applicants strenuously urged that he is seeking anticipatory bail on two grounds. First that, both the applicants are suffering from hyper-tension and diabetes. Second ground is that, postmortem of the deceased was not conducted at Nawapur, but at Nandurbar and this has caused serous prejudice to the applicants. Both these grounds are not sufficient to grant SVH

2 1-ABA-570-23.odt anticipatory bail to the applicants. There appears no change in circumstance since the date on which earlier application was dismissed as withdrawn.

4.

No case is made out by the applicants to grant discretionary relief of anticipatory bail in their favour. There is no merit in the application. Application is, therefore, rejected. (NITIN B. SURYAWANSHI, J.) SVH