1 Ashok Rambhau Wagh v. The State Of Maharashtra

crap2901.15 FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2901 OF 2015 [Ashok Rambhau Wagh Vs The State of Maharashtra] _________________________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court's or Judge's orders orders or | directions and | Registrar's orders | _________________________________________________________________________________ Smt. U.B.Kale, advocate h/f Shrui V.A.Bagal, advocate for applicant Smt.Pratibha Bharad, A.P.P. for respondent .....

CORAM : V.M.DESHPANDE, J.

DATED : 25 th June, 2015 PER COURT :- 1] This is second application by the applicant Ashok. 2] I have heard Smt. Kale, learned counsel for applicant and Smt.Pratibha Bharad, learned Additional Public Prosecutor for the respondent/State.

3] Previously, the present applicant had filed Criminal Application No. 740 of 2015 along with co-accused Sominath Rambhau Wagh. The said application was filed before this court after filing of the charge sheet. This court considered the case of the prosecution and vide order, dated 18.3.2015 released applicant-Sominath, however, this court while granting bail to Sominath noticed that there are specific allegations against Ashok that he has given sword blow on the head of deceased, and therefore, was not inclined to grant bail in favour of Ashok. Hence, learned counsel appearing for Ashok that time sought permission to withdraw the bail application for Ashok with liberty to file bail application again before the trial court on the change of circumstance.

crap2901.15 4] Thereafter, according to the learned counsel, application was moved before the learned trial court, however, said application was rejected. Against the said rejection, present application is filed.

5] The case of the applicant was considered on merits by me while granting bail to Sominath. That time, I was not inclined to grant bail in favour of applicant Ashok, therefore, learned counsel sought permission to withdraw the application for him.

6] Learned counsel was unable to point any change in circumstance. She submitted the case on merits, however, could not point out any change in circumstance. 7] Application is rejected.

(V.M.DESHPANDE, J.) dbm/crap2901.15