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Bombay High CourtAPPLN/6526/2015disposed off

Satyawan Dhanraj Sonkamble v. The State Of Maharashtra

2016-07-27Hon'Ble Shri Justice T.V. Nalawade2 pages

Cri. Appln. No. 6526/2015

IN THE HIGH COURT AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD 904 CRIMINAL APPLICATION NO. 6526 OF 2015 WITH APPLN/33/2016 IN APPLN/6526/2015 SATYAWAN DHANRAJ SONKAMBLE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : S.S. Bora (appointed) APP for Respondents: S.P. Sonpawale Advocate for assist to APP : G.R. Syed ...

CORAM : T.V. NALAWADE, J.

DATED : 27th July, 2016.

ORDER :

1.

The application is filed for grant of bail. Heard both the sides.

2.

This is the second application filed for bail. The previous application of the present applicant bearing No. 2495/2014 was rejected by this Court on merits by order dated 29.9.2014. Chargesheet is filed against the present applicant and others for offences punishable under sections 302, 120-B, 201 etc. of Indian Penal Code and section 3 r/w. 25 of Arms Act and some sections of Bombay Police Act. There is allegation that the murder of one advocate was committed by the gang of one Anna Lashkare as the said Advocate had given evidence against

Cri. Appln. No. 6526/2015 their man in one case. For proving the conspiracy, the prosecution will be relying on circumstantial evidence which is discussed by this Court in previous order. No change in circumstance as such is brought to the notice of this Court and the learned counsel argued again on merits of the case and submitted that the evidence is not sufficient to make out the case for keeping the applicant behind the bars. The submissions were made that the case is fixed for recording evidence and the hearing of the case is delayed as one accused from the present case has absconded from the jail. In view of these circumstances and considering the similar probability, this Court holds that there is no change in circumstances in favour of applicant. 3.

In the result, the application stands rejected. The fees of the Advocate appointed through legal aid for applicant is quantified as Rs. 3000/- (Rupees three thousand). 4.

The application filed for assisting the APP is allowed and disposed of.

[ T.V. NALAWADE, J. ] ssc/