Kishan Madhukar Lone v. The State Of Maharashtra

44- B.A. No. 1219-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.1219 OF 2023 KISHAN MADHUKAR LONE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. S. J. Salunke APP for Respondent: Mr. S. P. Deshmukh ....

CORAM : S. G. MEHARE, J.

DATE : 31.07.2023 PER COURT :

1.

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

2.

The applicant is seeking bail in Crime No. 147/2022 registered with Police Station Ardhapur, District Nanded for the offence punishable under Sections 307, 324, 294, 427, 323, read with Section 34 of the Indian Penal Code.

3.

This is a successive bail application. The earlier bail application of the applicant was withdrawn when this Court expressed disinclination to grant bail.

44- B.A. No. 1219-2023.odt 4.

The learned counsel for the applicant would submit that there was no possibility of converting the offence punishable under Section 307 of the Indian Penal Code into Section 302 of the Indian Penal Code. Hence, he may be granted bail.

5.

The rule of successive bail is a change in circumstances' .

The earlier bail application was decided after having gone through the charge sheet. Barely no likelihood of converting the offence punishable under Sections 302 of the Indian Penal Code is no change in the circumstances. Except above argument, there was no ground raised. Hence, for want of change in circumstances, the application stands dismissed.

( S. G. MEHARE ) JUDGE ysk