Abasaheb @ Dattatreya Prakash Sutar v. The State Of Maharashtra

1-ba-1784-2023.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.1784 OF 2023 ABASAHEB @ DATTATREYA PRAKASH SUTAR

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Z. H. Farooqui APP for Respondent/State : Mr. S.P. Tiwari ...

CORAM : S.G. MEHARE, J.

DATED : OCTOBER 25, 2023 PER COURT:- 1.

Heard learned counsel for the applicant and learned APP for the State.

2.

This is a successive bail application of the applicant after rejecting his bail application on 08.02.2023. The applicant is an accused in Crime No.505 of 2021 registered with Karjat Police Station, District Ahmednagar for the offence punishable under Sections 420, 406, 408, 409 r/w 34 of the Indian Penal Code and under Sections 3 and 4 of Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999. 3.

The Court asked a question to the learned counsel for the applicant whether there were change in circumstances. He state that one of the co-accused has been granted bail and the applicant is languishing in jail since last 13 months. He also argued that the

1-ba-1784-2023.odt (2) applicant is a Clerk and the Manager under whom he was working is no more.

4.

The first condition for granting successive bail is a change in circumstance. The answers given by the counsel for the applicant are apparently not change in circumstances. Even he could not satisfy the Court that the role attributed to the co-accused granted bail is similar to his role. Hence, there is no question of parity. 5.

For the above reasons, the application stands dismissed. (S.G. MEHARE, J.) Mujaheed//