Dinkar S/O Santoshrao Sonule v. State Of Mah. Through Its Police Station Officer, P.S. Kalmeshwar, Nagpur

ba89.18 30

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) NO.89/2018 Dinkar s/o Santoshrao Sonule ..vs..

The State of Mah., thr. its PSO PS Kalmeshwar, Nagpur ....................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ....................................................................................................................................................... Shri U.Y. Sonkusare, Counsel for the applicant. Shri V.A. Thakare, Addl.P.P. for the State.

CORAM

: V.M. DESHPANDE, J.

DATED : FEBRUARY 1, 2018.

1.

Heard learned counsel Shri U.Y. Sonkusare for the applicant and learned Additional Public Prosecutor Shri V.A. Thakare for the State. Also, perused the reply which is taken on record filed by the State.

2.

Admittedly, the present application is a second application for bail. The first application of the applicant was registered as Criminal Application No.1085/2016 and it was rejected by this Court (Coram : P.N. Deshmukh, J.) on 17.1.2017.

3.

According to learned counsel Shri U.Y. Sonkusare for the applicant, there is a change in circumstance since subsequent to the said order, this Court (Coram : Z.A. Haq, J.) on 27.6.2017 has released applicant Prashant Satpure on bail in Criminal Application No.411/2017 and, therefore, he submits that the present applicant be also released on .....2/-

ba89.18 30 bail.

4.

Learned Additional Public Prosecutor Shri V.A. Thakare for the State invites my attention to the statement made on affidavit in paragraph No.2. In the said paragraph, it is stated that the Trial is already commenced and only one witness and two investigating officers are to be examined.

5.

Learned counsel Shri U.Y. Sonkusare for the applicant does not dispute that applicant Prashant Satpute, who is released on bail by this Court (Coram : Z.A. Haq, J.) on 27.6.2017, was released prior to commencement of the Trial.

6.

Since the Trial is already commenced and is at fag end, I see no reason to consider this application when the application of the present applicant was dismissed on merit earlier on 17.7.2017. 7.

Hence, the criminal application is rejected and disposed of.

JUDGE !! BRW !!

...../-