Swami S/O Rajam Jadi v. State Of Mha. Thr. Pso Sub Bamni Tah.Sironcha Dist.Gadchiroli

2023:BHC-NAG:12384 1-BA110.23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (BA) NO. 110 OF 2023 Swami Rajam Jadi -Vs- State of Maharashtra - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Mr. R.M.Daga, counsel for the applicant.

Mr. M.K.Pathan, APP for the non-applicant/respondent. CORAM : AVINASH G. GHAROTE, J.

DATE : 19/08/2023 1.

Heard Mr. Daga, learned counsel for the applicant and Mr. Pathan, learned APP for the State.

2.

This is the second bail application filed by the applicant. The earlier Bail Application No.1318 of 2021 having been permitted to be withdrawn on 05/01/2022. The only change in circumstance is the delay in trial, which in my considered opinion, cannot be construed as a change in circumstance to enlarge the applicant on bail, moreover, considering the nature of the incident in which a bystander, who merely enquired with the applicant as to why he was running behind one Satyam, has been assaulted by an axe on the head, which has resulted in the grievous injury to the victim and the fact that the applicant has as many as five crimes registered against him earlier in point of time, I therefore, do not see any change in circumstance, which would entitle the applicant to seek bail. The application is therefore rejected.

(AVINASH G. GHAROTE, J.) KHUNTE