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Bombay High CourtAPPLN/6294/2015application allowed

Shaikh Anwar Shaikh Babar v. The State Of Maharashtra

2015-12-14Hon'Ble Shri Justice T.V. Nalawade2 pages

-:(1):- FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders.

Court's or Judge's orders.

CRIMINAL APPLICATION NO. 6294 OF 2015 SHAIKH ANWAR SHAIKH BABAR

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Salunke Sudarshan J. APP for Respondents: Mr. V. H. Dighe.

*** CORAM: T. V. NALAWADE, J.

DATED: 14th DECEMBER, 2015.

PER COURT:

1.

The application is filed for bail. Both the sides are heard.

2.

The previous application filed for bail by this applicant bearing No.2222 of 2015 was rejected by this Court on merit. The application filed previous to that application was also rejected on merit. Learned counsel for the Applicant has produced copy of order made by Honourable Apex Court in Special Leave to Appeal (Criminal) No. 6528 of 2015. It shows that the Honourable Apex Court granted bail to Akbar Khan Yusuf

-:(2):- Khan to whom this Court had refused bail when bail was refused to the present applicant on 8th June, 2015. The material available against both of them is similar. Learned A.P.P. was directed to ascertain as to whether present Applicant Shaikh Anwar had approached Honourable Apex Court after rejection of his previous application on 8th June, 2015. Learned counsel for the Applicant made a statement that the present applicant did not approach Honourable Apex Court and it is confirmed by the learned A.P.P. In view of this circumstance, on the ground of party and the ground of change in circumstances this Court holds that bail needs to be granted to the applicant.

3.

In the result, the application is allowed. As per order of Honorable Apex Court in Special Leave to Appeal (Criminal) No. 6528 of 2015. It is left to the Sessions Court to decide the terms and conditions of bail.

[T.V. NALAWADE, J.] Dt.14/12/2015 ans/6294