Santosh S/O Valmik Patil v. The State Of Maharashtra

(1) Cri. Appln. No. 5254 of 2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AT AURANGABAD.

Criminal Application No. 5254 of 2016 District : Jalgaon Santosh s/o. Valmik Patil, Age : 23 years, Occupation : Agriculture, R/o. Sarve (Bk.), Taluka : Pachora, District : Jalgaon.

.. Applicant.

versus The State of Maharashtra.

.. Respondent.

............

Mr. Satej S. Jadhav, Advocate, for the applicant. Mr. S.P. Sonpawale, Addl. Public Prosecutor, for the respondent.

............

CORAM : A.M. BADAR, J.

DATE : 4TH OCTOBER 2016 ORAL ORDER:

The applicant / accused in Crime No.

150/2015 registered with Police Station, Pachora, District Jalgaon, for offences punishable under Sections 302, 307, 326, 323, 325, 324, 143, 147, 148, 149, 504 and 341 of the Indian Penal Code, by this application, is seeking his release on bail after filing of the charge-sheet.

(2) Cri. Appln. No. 5254 of 2016 2.

Heard the learned Counsel appearing for the applicant / accused. By drawing my attention to the order dated 25th August 2016 passed in Criminal Application No. 4059 of 2016, the learned Counsel argued that father of the present applicant, namely Walmik s/o. Murlidhar Patil has been released on bail by this Court subsequently and this amounts to change in circumstances warranting entertainment of this application.

3.

The learned Addl. Public Prosecutor opposed the application by contending that after filing of the charge-sheet, the applicant had moved an application for bail vide Criminal Application No. 2924 of 2016 and the same was withdrawn on 1st July 2016.

4.

Perused record.

True it is that subsequently co-accused Walmik s/o. Murlidhar Patil has been granted bail. But the present applicant had filed Criminal Application No. 2924 of 2016 after filing of the charge-sheet and it appears that the same was withdrawn on 1st July 2016.

5.

When the earlier application filed after filing of the charge-sheet claiming bail was withdrawn, this application cannot be entertained.

(3) Cri. Appln. No. 5254 of 2016 6.

The Application is accordingly rejected.

( A.M. BADAR ) JUDGE ..........

puranik / CRIAPPLN5254.16